c 2002 Wei! Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 109 All Rights Reserved

PARTC CONCERNING OPERATING PERMITS I. APPLICABILITY The provisions ofthis Regulation No.3, Part C shall apply statewide to all sources of air pollutants that are required to obtain an operating permit as specified in section II. The provisions ofthis Part C shall also apply, except as otherwise provided herein, to those minor sources ofairpollutants that voluntarily choose to obtain an operating permit. II. GENERAL REQUIREMENTS FOR OPERATING PERMITS II.A General Considerations II.AI. Except where specifically authorized by the terms ofthis Regulation No.3, Part C, no person shall operate any ofthe following sources without first obtaining an operating permit in accordance with the provisions ofthis regulation. 

### II.AI.a. Any affected source; II.Al.b. Any major source; with the exception ofthose sources that would be major based only on total suspended particulates emissions 

### II.AI.c. Any source required to have a permit pursuant to the prevention ofsignificant deterioration program ofPart C, Title I, ofthe Federal Act; 

### II.AI.d. Any source required to have a permit pursuant to the program for the attainment and maintenance ofnational ambient air quality standards orPart D, ofTitle I, ofthe Federal Act; and 

### II.AI.e. Any solid waste incineration unit that is a distinct operating unit ofany facility that combusts any solid waste material from commercial or industrial establishments or the general public (including single residences, hotels, and motels). Such term does not include: (1) incinerators or other units required to have a permit under United States Code Title, 42, Section 6925 ofthe Solid Waste Disposal Act; (2) materials recovery facilities (including primaryor secondary smelters) which combust waste for the primarypurpose of recovering metals; (3) qualifying small powerproduction facilities, as defined in United States Code Title 16, Section 769(I7)(C), or qualifying cogeneration facilities, as defined in United States Code Title 16, Section 796(18)(B), ofthe Federal Power Act, that burn homogenous waste for the production ofelectric energy or in the case ofqualifying cogeneration facilities that burn homogeneous waste for the production ofelectric energy and steam or forms ofuseful energy (such as heat) that are used for industrial, commercial, heating, orcooling purposes; or (4) air curtain incinerators provided that such incinerators only bum wood wastes, yard wastes and clean lumber and that such air curtain incinerators comply with any applicable opacity limitations. Operating permits for solid waste incineration units shall be obtained within Regulation No.3 Part C, Page 109



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 110

thirty-six months ofpromulgation ofa new source performance standard applicable to such units, orbyNovember 15, 1994, whichever is later. 

### II.A.l.f. Any source designated bythe Administrator and the conunission as requiring an operating permit. 

### IlA.l.g. A source is not required to obtain an operating permit solelybecause it is subject to regulation or requirements pursuant to section 112(r) ofthe Federal Act. 

### II.A.2. Any construction permit that has been issued pursuant to Regulation No.3, Part B, with respect to a source that is subject to the operating permit requirements ofthis Part C, shall continue in full force and effect until such time as the operatingpermit is issued for such source, ifthe source has filed a timely and complete operatingpermit application. Ifa complete operating permit application has been timely filed with the division bythe source in accordance with the provisions ofsection 

### ill., below, the source will not be subject to an enforcement action for operatingthe source without an operatingpermit. No source subject to an operatingpermit may operate after the time it is required to file a timely and complete application except in compliance with a previously issued operating permit and as set forth in section n.B., below. A previously issued construction permit shall not constitute a defense for operating a source in violation ofthe requirement to have an operating permit. II.A.3. Any orders or decisions ofthe division shall be final upon issuance. 

### II.B. Application Shield A timely and complete application for an operatingpermitunder the provisions of this Part C shall operate as a defense to an enforcement action for the source's failure to have an operating permit until the division orthe commission makes a fmal determination on the permit application. This defense to an enforcement action shall not apply if. subsequent to the completeness determination required by section IV.B.I., ofthis Part C, the applicant fails to submit bythe deadline specified in writing bythe division any additional information identified as necessary to process the application, or to otherwise supplement its application in accordance with the provisions ofsection IV.B.3., and IV.B.4., ofthis Part C. This defense to an enforcement action shall notbe available to an applicant that files a fraudulent application. Permit expiration terminates the source's right to operate unless a timely and complete renewal application has been submitted to the division. 

### II.C. Transfer or assignment ofownership Iftransfer or assignment ofownership oroperation ofan air pollution emission source permitted pursuant to the operatingpermit requirements ofthis Part C of Regulation No.3 is anticipated, the prospective owner oroperator shall applyto the division, on division supplied administrative permit amendment forms, for reissuance ofthe existing permit. Part A, section 

## m., governs the administrative permit amendment procedures required for transfer or assignment ofownership ofa source subject to the operating permit requirements. No administrative permit amendment

..

# ~ Regulation No.3 Part C, Page 

### 110



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS(C) 2002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 111 All Rights Reserved

shall be complete until a written agreement containing a specific date for transfer of permit, responsibility. coverage, and liability between the current and new permittee hasbeen submitted to the division. 11.0. Portable Sources A portable source that conducts the same or similar type activity at mUltiple temporary locations throughout the state may be issued a single operating permit under this Part C, provided that the operation involves at least one change in location ofthe source during the five year permit term. P.Qrtable sources must notify the division at least ten days in advance ofeach change in location. The owner or operator ofa portable source must demonstrate that all applicable requirements will be met at all locations at which the source will operate before an operating permit authorizing operations at the mUltiple locations will be issued. Sources subject to the acid rain provisions ofTitle N ofthe Federal Act shall not constitute portable sources. II.E. Insignificant Activities and Exemptions from Operating PermitRequirements Sources that are otherwise required to obtain an operating permit are not required to incJude insignificant activities from the following list in their operating permit applications, except as otherwise provided below. None ofthe exemptions listed below, incJuding emission de minimis levels, shall apply ifby taking such exemption a source would avoid any specific federal or state applicable requirement, including, but not limited to, New Source Performance Standards, Regulation No.7, Prevention ofSignificant Deterioration (section 

### N.D.3.• Part B ofthis Regulation No.3), nonattainment New SourceReview requirements (section IV.D.2.a., ofPart B ofthis Regulation No.3), Title III (including National Emission Standards for Hazardous Air Pollutants, Title V, and Colorado Maximum Achievable Control Technology or Generally Available Control Technology. (Ifthe potential to emit, taking into account full design rate and continuous operation, triggers Prevention ofSignificant Deterioration orNew Source Review requirements, the source must submit an 

### AirPollutant Emission Notice and apply for the appropriate permit, ormust apply for a permit to limit the physical or operational

. capacity ofthe source suchthat the source is not considered tobe a major source as defined in section 1.B.59., ofPart A ofthis regulation.). Sources otherwise required to obtain an operating permit are required to include a list ofinsignificant activities in their permit applications ifthe insignificant activities are listed in sections n.E.I., and n.E.2., ormarked with an asterisk in section II.E.3. The asterisk denotes an insignificant activity source categorybased on the size ofthe activity, emissions levels from the activity orthe production rate ofthe activity. The owner or operator ofindividual emission points marked with an asterisk in section II.E.3., below, must maintain sufficient record keeping to verify that the exemption applies. Such records shall be made available for division review upon request. The following sources are exempt from the requirement to obtain an operating permit pursuant to this Part C: Regulation No.3 Part C, Page 111



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 112

IT.E.I. Sources subject to regulation orrequirements pertaining to standards ofperformance for new residential wood heaters pursuant to Regulation No.6; or IT.E.2. Sources subject to regulation or requirements pertaining to national emissions standards for hazardous air pollutants for asbestos in the course ofdemolition and renovation pursuant to Regulation No.8. 

### II.E.3. Certain categories ofsources and activities which are considered to be insignificant contributors to airpollution as listed below. A source solely comprised ofone or more ofthese activities is not required to obtain an operating permit'pursuant to this regulation, unless the source's emissions trigger the major source threshold as defined in section I.B.59., Part A ofthis Regulation No.3 (definition ofmajor source for purposes ofPart 

### C): IT.E.3.a. *lndividual emission points in nonattainment areas having uncontrolled actual emissions ofany criteriapollutant as defmed in PartA, section 11.B.9., ofthis Regulation No.3 ofless than one ton 

### per year, and individual emissionpoints in attainment areas having uncontrolled actual emissions ofany criteria pollutant ofless than two tons per year, and each individual emission point with uncontrolled actual emissions oflead less than one hundred pounds per year, regardless ofwhere the source is located. ILE.3.b. Individual emission points ofnon-criteria reportable pollutants having uncontrolled actual emissions less than the de minimis levels as determined following the procedures set forth in Appendix A. IIE.3.c. Air conditioning orventilating systems not designed to remove air pollutants generated byor released from other processes or equipment. IT.E.3.d. Fireplaces used for recreational purposes, inside oroutside. 

### ILE.3.e. Fires and equipment used for noncommercial cooking offood for human consumption, or cooking offood for human consumption at commercial food service establishments, except for charbroilers and wood 

### fired equipment (but not including campfires) in PMlO nonattainment areas. Charbroiled shall mean a cooking device in a commercial food service establishment, either gas fired or using charcoal or other fuel, upon which grease drips down upon an open flame, charcoal or embers. I1.E.3.f. Flares used to indicate danger to the public. I1.E.3.g. Agriculture operations such as farming, cultivating and harvesting, seasonal crop drying, grain handling operations that are below New Source Performance Standards de minimis levels (including milling and grain elevator operations), and animal feeding operations that are not housed commercial swine feeding facilities as defined 

### in Regulation No.2, Part B. This exemption does not apply to an agricultural operation that: (I) is a major stationary source (Regulation No.3 Part A, section I.B. 60.); (2) meets or exceeds the storage capacity thresholds ofa federal New Source Performance Regulation No.3 Part C, Page 112



### 5 CCR 1001-5 CODE OF COWRADO REGULATIONS(!) 2002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 113 All Rights Reserved

II.E.3.h.

II.E.3.i. II.E.3.i.(i)

II.E.3 .i.(ii)
II.E.3.i.(iii)Standards (Regulation No.6, Part A); or (3) participates in the early reduction program ofthe Federal Act, section 112. Ancillary operations such as fueling stations located at farms orranches are not exempt from 

### Air Pollutant Emission Notice and permit requirements unless otherwise below the de minimis emission levels contained in this regulation, and are not exempt from other applicable regulations promulgated by the commission. Emissions from, orconstruction, or alteration ofresidential structures, including all buildings or other structures used primarily as a place of residence, and including home heating det'ices. Research laboratories Noncommercial (in-house) experimental and analytical laboratory equipment that is bench scale in nature including quality control/quality assurance laboratories, process support laboratories, environmental laboratories supporting a manufacturing or industrial facility, and research and development laboratories. *Research and development activities that are ofa small pilot scale and that process less than ten thousand pounds oftest material per year; *Small pilot scale research and development projects less than six months in duration with controlled actual emissions less than five hundred pounds ofany criteria pollutant or ten pounds ofany non-criteria reportable pollutant. II.E.3.j. *Disturbance ofsurface areas for purposes ofland development, that do not exceed twenty-five contiguous acres and that do not exceed six months in duration. (This does not include mining operations or disturbance of contaminated soil). II.E.3.k. *Each individual piece offuel burning equipment, otherthan smokehouse generators and internal combustion engines, that uses gaseous fuel, and that has a design rate less than or equal to five million British thermal unit per hour. (See definition offuel burning equipment in the Common Provisions Regulation). II.E.3.1. Internal combustion engines powering portable drilling rigs. II.E.3.m. *Petroleum industry flares, not associated 

### with refineries, combusting natural gas containing no hydrogen sulfide except in trace amounts (less than five hundred parts permillion weight), approved by the Colorado Oil and Gas Conservation Commission and having uncontrolled emissions ofany pollutant ofless than five tons per year. II.E.3.n. *Chemical storage tanks or containers that hold less than five hundred gallons, and that have an annual average throughput less than twenty-five gallons per day. Regulation No.3 Part C, Page 113



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS

### Page 114

H.E.3.o.
H.E.3.p. H.E.3.q.

H.E.3.r.

H.E.3.s. D.E.3.t. D.E.3.u. D.E.3.v.

D.E.3.w.

D.E.3.x.

ILE.3.y. II.E.3.z. II.E.3.aa

. II.E.3.bb

.
II.E.3.cc

. ILE.3.dd

. II.E.3.ee

.

ILE.3.ff

. II.E.3.gg

. D.E.3.hh

. Regulation No.3



## 5 CCR 1001-5 Unpaved public and private roadways, except for haul roads located within a stationary source site boundary. Sanding ofstreets and roads to abate traffic hazards caused by ice and snow. Open burning activities, except that all reporting and pennitting requirements that apply to such operations must be followed (see Regulation No.9). Brazing, soldering, or welding operations that use lead based compounds. All welding that occurs strictly for maintenance purposes is exempt. Street and parking lot striping. Batteryrecharging areas. Aerosol can usage. Sawing operations, that are ancillary to facility operations, and are not part of the production process. The process ofdemolition and re-bricking offurnaces and kilns. This does not include subsequent operation ofsuch furnaces or kilns. Road and lot paving operations at commercial and industrial facilities, except that asphalt and cement batch plants require Air Pollutant Emission Notices and permits, unless exempt under some other section. Adhesive use that is not related to production. Fire training activities. Caulking operations that are not part ofa production process. *Landscaping and site housekeeping devices equal to orless than ten horsepower in size (lawnmowers, trimmers, snow blowers, etc.). Fugitive emissions from landscaping activities (e.g., weeding, sweeping). Landscaping use ofpesticides, fumigants, and herbicides. *Crude oil loading truck equipment at exploration and production sites where the loading rate does not exceed 10,000 gallons ofcrude oil perday averaged on an annual basis. Condensate truck loading equipment at exploration and production sites that splash fill less than 6750 barrels ofcondensate per year or that submerge fill less than 16308 barrels ofcondensate per year. Emergency events such as accidental fires. Smoking rooms and areas. Plastic pipe welding. Part C, Page 114



### CODE OF COLORADO REGULATIONS() 2002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 115 All Rights Reserved

IIE.3.ii

. IIE.3.jj

. IIE.3.kk

.
II.E.3.11. II.E.3.mm

.

IIE.3.nn

.

ILE.3.00

.

II.E.3.pp

. ILE.3.qq

. II.E.3.rr

.

IlE.3.ss

. I1.E.3.tt

. II.E.3.uu

.

II.E.3.vv

.

II.E.3.ww

.
Regulation No.3 Vacuum cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes. Beauty salons. Operations involving acetylene, butane, propane and other flame cutting torches. Pharmacies. *Chemical storage areas where chemicals are stored in closed containers, and where total storage capacity does not exceed five thousand gallons. This exemption applies solely to storage ofsuch chemicals. This exemption does not apply to transfer ofchemicals from, to, orbetween such containers. Architectural painting, roofcoating material and associated surface preparation (except for sandblasting and except for volatile organic compound emissions, associated with surface preparation, above 

### Air PollutantEmission Notice de minimis levels) for maintenance purposes at industrial or commercial facilities. Emissions ofairpollutants that are not criteria ornon-criteria reportable pollutants (see section lB.39., Part A). These emissions include methane, ethane and carbon dioxide. Janitorial activities and products. Grounds keeping activities and products. Sources ofodorous emissions that do not utilize emission control equipment for control ofodorous emissions. This exemption applies to the odor emissions only. All other emissions are subject to other exemptions set forth in this regulation. This exemption does not exempt any source from the requirements ofRegulation No.2. Truck and car wash units. Office emissions, including cleaning, copying, and restrooms. *Oil production wastewater (produced water tanks), containing less than one percent by volume annual average crude oil, except for commercial facilities that accept oil production wastewater for processing. Electrically operated curing ovens, drying ovens and similar activities, articles, equipment, or appurtenances. This exemption applies to the ovens only, and not to the items being dried in the ovens. Equipment used exclusively for portable steam cleaning.

Part C, Page 115



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 116

ILE.3.xx. Blast-cleaning equipment using a suspension ofabrasive in water and any exhaust system or collector serving them exclusively. II.E.3.yy. Conunerciallaundries (except dry cleaners) that do not bum liquid or solid fuel. II.E.3.zz. Storage ofbutane, propane, or liquefied petroleum gas in a vessel with a capacity ofless than sixty thousand gallons, provided the requirements of Regulation No.7, section IV., are met, where applicable. II.E.3.aaa. Storage tanks ofcapacity less than forty thousand gallons oflubricating oils or waste lubricating oils. II.E.3.bbb. *Venting ofcompressed natural gas, butane orpropane gas cylinders, with a capacity ofone gallon or less. II.E.3.ccc. *Fuel storage and dispensing equipment in ozone attainment areas operated solely for company-owned vehicles where the daily fuel throughput is no more than four hundred gallons per day, averaged annually. Sources in the Denver-Metropolitan ozone attainment-maintenance area must utilize Stage 1 vapor recovery on all tanks greater than five hundred and fifty gallons capacity, as required by Regulation No.7, in order to take this exemption. II.E.3.ddd. *Crude oil storage tanks with a capacity of40,000 gallons or less. II.E.3.eee. Indirect sources are exempt until a (pennit) regulation specific to indirect sources is promulgated by the commission. ILE.3.fff. *Storage tanks meeting all ofthe following criteria: IIE.3.fff.(i) Annual throughput is less than four hundred thousand gallons; and 

### n.E.3.fff.(ii) The liquid stored is one ofthe following: n.E.3.fiT.(ii)(A) Diesel fuels 1 - D, 2 - D, or4 - 6; II.E.3.fiT.(ii)(B) Fuel oils #1

- #6; n.E.3.fff.(ii)(C) As turbine fuels 1 - GTthrough 4 - GT; n.E.3.fff.(ii)(D) An 

### oiVwater mixture with a vapor pressure less than or equal to that ofdiesel fuel (Reid vapor pressure of.025 psia). II.E.3.ggg. Each individual piece offuel burning equipment that uses gaseous fuel, and that has a design rate less than orequal to ten miUion British thermal unit per hour, and that is used solely for heating buildings for personal comfort. n.E.3.hhh. Natural gas vehicle fleet fueling facilities. II.E.3.iii. Electric motors driving equipment at non-conunercial machining shops. Regulation No.3 Part C, Page 116



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS(t) 

### 2002 Wei! Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 117 All Rights Reserved

II.E.3.JJj. Recreational swimming pools. II.E.3.kkk. Forklifts. 

### n.E.3.m. Handling equipment and associated activities for glass that is destined for recycling. U.E.3.mmm. Containers, reservoirs, or tanks used exclusively for dipping operations, that contain no organic solvents, for coating objects with oils, waxes, greases, or natural or synthetic resins. II.E.3.nnn. Emergency power generators that: ILE.3.nnn.(i) Have a rated horsepower ofless than 260 or; II.E.3.nnn.(ii) *Operate no more than 250 hours per year and have a rated horsepower of less than 737; or II.E.3.nnn.(iii) *Operate no more than 100hours per year and have a rated horsepower of less than 1,840. 1I.E.3.000. The collection, transmission, liquid treatment, and solids treatment processes at domestic wastewatertreatment works, ortreatment facilities that treat only domestic type wastewater, except for combustion processes. II.E.3.ppp. Gasoline stations located in ozone attainment areas. II.E.3.qqq. *Surface mining activities that mine seventy thousand tons or fewer of product material per year. A fugitive dust control plan is required for such sources. Crushers, screens and other processing equipment activities are not included in this exemption. II.E.3.m. Composting piles, however, all odorrequirements ofRegulation No.2 must be met. II.E.3.sss. Fugitive emissions ofhazardous air pollutants that are natural constituents of native soils and rock (not added or concentrated bychemical ormechanical processes) from under ground mines or surface mines unless such source is a major source ofhazardous airpollutants under Part C ofthis Regulation No. 

### 3. II.E.3.ttt. The use ofpesticides, fumigants, and herbicides when used in accordance with requirements established underthe federal Insecticide, Fungicide and Rodenticide Act as established bythe U.S. EPA (United States Code Title 7, Section 136 et seq.). II.E.3.uuu. Ventilation ofemissions from mobile sources operating within a tunnel, garage, orbuilding. II.E.3.vvv. Non-asbestos demolition. Regulation No.3 Part C, Page 117



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 118

II.E.3.www. Sandblast equipment when the blast media is recycled and the blasted material are collected. II.E.3.xxx. Stationary internal combustion engines: II.E.3.xxx.(i) *Less than or equal to 175 horsepower which operate less than 1,450 hours per year. ILE.3.xxx.(ii) *Greater than 175 horsepower and less than or equal to 300 horsepower which operate less than 850 hours per..year. II.E.3.xxx.(iii) *Greater than 300 horsepower and less than or equal to 750 horsepower which operate less than 340 hours per year. II.E.3.yyy. Surface water storage impoundment ofnon-potable water and storm water evaporation ponds. II.E.3.zzz. Non-potable water pipeline vents. II.E.3.aaaa. Steam vents and safety release valves. II.E.3.bbbb. Deaerator/vacuum pump exhausts. II.E.3.cccc. Seal and lubricating oil systems for steam turbine electric generators. II.E.3.dddd. Venting ofnatural gas lines for safety pUIposes. II.E.3.eeee. Chemical storage tanks II.E.3.eeee.(i) *Sulfuric acid storage tanks not to exceed ten thousand five hundred gallons capacity. II.E.3.eeee.(ii) *Sodium hydroxide storage tanks. II.E.3.ffff. Wet screening operations notwithstanding the applicability ofthe New Source Performance Standards included in the Code ofFederaI Regulations, Title 40, Part 60, Subpart 000. II.E.3.gggg. * Any condensate storage tank 

### with a production rate of730barrels per year or less or condensate storage tanks that are manifolded together with a production rate of730 barrels per year or less that are owned and operated by the same person, and are located at exploration and production sites. II.F. Sources that are not required by this Part C to obtain an operating permit may elect to apply for, and maybe issued, an operating permit. Any such permit issued must contain terms and conditions sufficient to satisfy the requirements ofthis regulation. IlG. All federally-enforceable terms and conditions in an operating permit, including any provisions designed to limit a source's potential to emit, are enforceable by the
Regulation No.3 Part C. Page 118



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 2002 WeiJ Publishing for the State ofColorado 

### 25 CR 

### 12, 12-02 Page 119 All Rights Reserved

Administrator, as well as citizens pursuant to United States Code Title 42, Section 7604. III. OPERATING PERMIT APPLICATION REQUIREMENTS lILA. Option for pre-application meeting Prior to SUbmitting an application for a permit an applicant mayrequest and, ifso requested, the division shall grant, a pre-application meeting with the applicant. At such meeting, the division shall advise the applic.ant ofthe applicable permit requirements, including the information, plans, specifications and the data required to be furnished with the permit application, based on the best information available from the applicant at the time. Failure ofthe division to identify all requirements and information does not exempt the source from compliance with applicable requirements or these regulations. 

### m.B. Application for operating permit and combined construction/operating permit applications III.B.1. 

### An application for an operating permit shall be prepared on forms supplied by the division that meet all therequirements ofthe Federal Act. Applicants shall submit sufficient copies oftheirapplications for provision ofcopies to the Administrator, affected states and county clerks as required by sections V.B.S., VL, and IX., ofthis Part C. III.B.2. Each source required to obtain an operating permit pursuant to section III., ofthis Part C, for the first time, shall submit an application for such a permit no later than twelve months after the source becomes subject to the operating permit requirement. A source that becomes subject to the operating permit program by operation oflaw, such as the adoption ofnew legal requirements, shall submit an application for an operating permit within twelve months ofthe effective date ofsuch new legal requirements unless otherwise specified by the requirements. A new source or an existing source that modifies in a way that renders it newly subject to the operating permit requirements, shall submit a complete application for an operatingpermit within twelve months ofcommencing operation, except as otherwise provided herein. Modifications madeto a source with an operating permit, through a permit issued under Part B ofthis regulation shall apply for a modification to their operating permit within twelve months ofstartup. A new source (including any significant modification), shall meet the applicable requirements ofPart B. 

### m.B.3. Reserved. 

### m.B.4. Reserved. 

### m.B.s. All othermajor sources existing on January 1, 1995 shall submit their operating permit applications unless otherwise notified bythe division. IIl.B.6. Each source subject to an operating permit shall submit an application for renewal of the operating permit at least twelve months, but not more than eighteen months, prior Regulation No.3 Part C, Page 119



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 120

m.B.7.

m.B.8.

III.B.9.



## m.c. to the expiration ofthe operating permit. All oftheprovisions governing the application for and issuance ofoperating permits are applicable to applications for renewal ofoperatingpermits, except that an application for permit renewal may address only those portions ofthe permit that require revision, supplementing, or deletion, incorporating the remaining permit terms byreference from the previous permit. A copy ofany materials incorporated byreference must be included with the application. The division may choose to issue a draft renewal orproposed renewal permit specifying onlythose portions that will be revised, supplemented, or deleted, incorporating the remaining permit terms byreference. All requirements for compliance plans, compliance schedules and compliance certifications found in sections III.B.7. , IIlB.8., and III.C.8.

- III.B.13., are applicable to the entire operating permit upon renewal. A source required to obtain a construction permit pursuant to Part B ofthis Regulation No.3, may submit an application for a combined construction permit and operating permit on a standard application form supplied by the division priorto commencing construction, modification, installation or commencement ofany activities oroperations for which a construction permit is required pursuant to Part B. 

### In accordance with the provisions ofPart B, a source applying for a combined construction/operating permit cannot construct before issuance ofa permit. Applications shall be signed by a responsible official who shall also sign the compliance certification on the application. The compliance certification shall include: (a) a certification ofcompliance with all applicable requirements; (b) a statement ofmethods used for determining compliance, including a description of monitoring, record keeping, and reporting requirements and test methods; (c) a schedule for submission ofcompliance certifications during the permit term not less than annually, or more frequently as specified by the terms and conditions ofthe permit; (d) a statement indicating the source's compliance status with any applicable compliance assurance monitoring and compliance certification requirements; (e) if applicable to a source, a statement indicating the source has properly registered its risk management plan required pursuant to section 112(r) ofthe Federal Act. Compliance certifications for state-only conditions shall be separate from compliance certifications required under the Federal Act, and shall onlybe required for sources of such state-only conditions seeking the operational flexibility provisions ofsections X., XI., and XIT., ofthis Part C. Sources seekingprotection under the terms ofthe permit shield for such state-only conditions, or sources ofstate-only conditions are otherwise required to obtain an operating permitpursuantto the state Act. Each application form, report and compliance certification submitted pursuant to this regulation shall contain a certification by a responsible official ofthe truth, accuracy and completeness ofsuch form, report or certification stating that, based on information and beliefformed after reasonable inquiry, the statements and information in the document are true, accurate and complete. Complete applications

Regulation No. 3 Part C, Page 120



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 2002 Well Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 

### 121 All Rights Reserved

The applicant shall furnish all information and data required bythe division to evaluate the permit application and to make its preliminary analysis in accordance with section IV., ofthis Part C including, but not limited to: 

# m.c.1. Identifying information, including company name and address (or plant name and address ifdifferent from the company name), owner's name and agent, and telephone number and name ofplant site manager/contact; m.C.2. A description ofthe source's processes and products (by standard industrial classification code) including any associated with alternate scenarios identified by the source; m.C.3. The following emission-related information: m.C.3.a. All emissions ofpolJutants for which the source is major, and all emissions of regulated air pollutants. A permit application shall describe all emissions of regulated airpollutants emitted from any emissions unit, except where such units are exempted under section n.E., ofthis Part C, and all additional information related to the emissions ofair pollutants sufficient to verify which requirements are applicable to the source and other information necessary to collect anypermit fees owed pursuant to section VI., Part A; m.C.3.b. Identification and description ofall points ofemissions described in section m.C.3.a., above, in sufficient detail to establish the basis for fees and applicability ofrequirements ofthe Federal Act; m.C.3.c. Emissions rate in tons peryear and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method; m.C.3.d. The following information to the extent it is needed to determine orregulate emissions: fuels, fuel use, raw materials, production rates, and operating schedules; m.C.3.e. Identification and description ofair pollution control equipment and compliance monitoring devices or activities; m.C.3.f. Limitations on source operation affecting emissions or anywork practice standards, where applicable, for all regulated airpollutants at the source; m.C.3.g. Other information requiredby any applicable requirement, including information related to stack height limitations developed pursuant to United States Code Title 42, Section 7423 (part A, section VIII., ofthis Regulation No.3); and III.C.3.h. Calculations on which the information required in sections III.C.3.a.

­ nlC.3.g., arebased. nI.C.4. The following air pollution control requirements:

m. C.4.a. Citation and description ofall applicable requirements, and Regulation No.3 Part C, Page 121



### CODE OF 

### COLORADO REGULATIONS 5 CCR 1001-5

### Page 122

Ill.CAb. Description of, or reference to, any applicable test method for determining compliance with each applicable requirement. Ill.C.S. Other specific information that may be necessary to implement and enforce other applicable requirements ofthe Federal Act orofthis section III., or to determine the applicability ofsuch requirements. m.C.6. An explanation ofany proposed exemptions from otherwise applicable requirements. III.C.7. Additional information as determined to be necessary by the division to define alternative operating scenarios identified bythe source pursuant to section IV., ofPart A, or to define permit terms and conditions implementing section XII., ofthis Part C. Ill.C.S. A compliance plan which contains: (a) a description ofthe compliance status ofthe source with respect to all applicable requirements; (b) for applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements; (c) for applicable requirements that will become effective during the permit term, a statement that the source will meet the requirements on a timely basis; and (d) for requirements for which the source is not anticipated to be in compliance at the time ofpermit issuance, a narrative description ofhow the source will achieve compliance with such requirements. III.C.9. A compliance schedule which contains: (a) for applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements; or (b) for applicable requirements that will become effective during the permit term, a statement that the source will meet the requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy the provision, unless a more detailed schedule is expressly required by the applicable requirement; and (c) a schedule ofcompliance for sources that are not anticipated to be 

### in compliance at the time ofpermit issuance. This schedule shaH include a schedule of enforceable remedial milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time ofpermit issuance. This compliance schedule shall be at least as stringent as that contained in anyjudicial consent decree or administrative orderto which the source is subject. Any such schedule ofcompliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based. m.C.10. A schedule for submission ofprogress reports no less frequently than every six months for sources required to have a schedule ofcompliance to remedy a violation. IIIC.11. The compliance plan content requirements specified in this section shall apply and be included in the acid rain portion ofa compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV ofthe Federal Act, Code ofFederal Regulations Title 40, Part 72, with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations. Ill.C.12

. Data necessary to allow the division to determine whether the source complies with: Regulation No.3 Part C, Page 122



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 

### 2002 Wei! Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 123 All Rights Reserved

Ill.e.12.a. All applicable emission control regulations; Ill.C.I2.b. Applicable regulations for the control ofhazardous air pollutants; III.e.12.c. Requirements ofthe nonattainrnent and attainment programs, sections IV.D.2., and IV.D.3., ofPart B; and

m.e. I2.d. Any applicable ambient air quality standards (for temporary sources and new ormodified sources applying for a combined construction/operatingpermit only). When the data includes modeling,..the model used shall be an appropriate one given the topography, meteorology, and other characteristics ofthe region that the source will impact; and Ill.e.12.e. All applicable regulations. Ill.C.l3

. Copies of

### Air Pollutant Emission Notices on file with the division indicating production/process rates for which the operatingpermit is to be evaluated, or, ifAir Pollutant Emission Notice(s) have not been previously filed, a new AirPollutant Emission Notice(s) shall be submitted in accordance with Part A, section II. The Air Pollutant EmissionNotice fee will not be charged for submission ofcopies ofcurrent AirPollutant Emission Notice(s) previously filed with the division. m.D. OperatingPermit Renewal
In submitting an application for renewal ofan operating permit issued under these regulations, a source may identify terms and conditions in its previous permit that remain unchanged and incorporate by reference those portions ofits existing permit and the permit application and anypermit amendments or modification applications that describe products, processes, operations, and emissions to which those terms and conditions apply. The source must identify specifically and list which portions ofits previouspermit and/or applications that are incorporated by reference. In addition, a renewal application must contain: m.D.1. Information for those products, processes, operations, and emissions, in accordance with the provisions ofthis Part C, that: m.D.l.a. Are not addressed in the existing permit; Ill.D.l.b. Are subject to applicable requirements that are not addressed in the existing permit; or III.D.l.c. Are permitterms and conditions that differ from those in the existing permit. m.D.2. A compliance plan, schedule, and certification requirements for the entire permit in accordance with this Part C.
III.E. A major source may complywith this section through anyone ofthe following methods:

Regulation No.3 Part C, Page 123



### 5 CCR 

### 1001-5 CODE OF COLORADO REGULATIONS

### Page 124

III.E.l. The source may obtain a single permit for all relevant emission points located within a contiguous or adjacent area under common control (whether or not falling under the same two-digit standard industrialized code); m.E.2. The source may obtain separate permits for separate emission points or groups of emission points, or m.E.3. The division may issue a permit covering one ormore emission points eligible for coverage under a general permit and the source may obtain a separate permit or permits for emission points not eligible for such eoverage. m.F. The acid rain portions ofpermit applications shall be made on nationally-standardized forms pursuant to regulation promulgated by the Administrator at Code ofFederal Regulations Title 40, Part 72. IV. PROCESSING OF APPLICATIONS IV.A. Standards for application determinations The division shall evaluate operating permit applications and combined construction/operating permit applications. The evaluation ofpermit applications shall consider, for the construction permit portion, whether operation ofthe proposed new source at the date ofstart-up, and for operating permits whether the permitted emissions, will comply with all applicable emissions control regulations, regulations for the control ofhazardous air pollutants, applicable ambient air quality standards and regulations, requirements for the prevention ofsignificant deterioration ofair quality that is better than the National Ambient Air Quality Standards, and nonattainment area requirements. The submittal ofa complete application shall not affect the requirement that any source have a construction permit pursuant to Part B ofthis Regulation No.3, except as otherwise required herein. IV.B. Completeness determinations IV.B.I. An application for an operating permit ora combined construction permit/operating permit, will not be deemed to be complete until all information and data required to evaluate the application have been submitted to the division. Within sixty calendar days after the receipt ofan application orany supplemental information requested by the division, the division will give notice to the applicant ifand in what respect the application is incomplete. Ifthe division fails to notify an applicant that the application is incomplete within sixty calendar days ofreceipt ofthe original application orreceipt ofthe requested supplemental information, the application shall be deemed to havebeen complete as ofthe day ofreceipt by the division ofthe application or the last submitted supplemental information, whichever is later, for the purposes specified in section 

## n.B., ofthis Part C (concerning the application shield). Nothing hereinprecludes the division from requesting further information about the source in order to process the permit application. Ifthe division concludes that the application is not complete, it shall inform the applicant ofthe additional information that must be submitted prior to consideration ofthe application. No completeness determination shall berequired for applications for administrative or minor permit Regulation No. 3 Part C, Page 124 

# J

5 CCR 1001-5 CODE OF COLORADO REGULATIONS

### c 2002 Weil Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 125 AU Rights Reserved

modification procedures under section IlL, ofPart A, or sections X., and XL, ofthis Part C. IV.B.2. The division shall review each application submitted to determine whether it is complete. An application shall be deemed to be complete when it contains the information required by sections III.B., III.C., and 

### m.D., ofthis Part C in sufficient detail for the division to evaluate the subject source and the permit application, to determine all applicable requirements and to calculate all applicable fees. IV.B.3. A source shall supplement its permit application-k> correct or updateinformation provided in its initial submission as soon as it becomes aware ofany omissions or incorrect information submitted orto address changes made to the source after submission ofthe application, but prior to public notice as provided in section 

### Vl, of this Part C. IV.BA. A source shall supplement its permit application to address any requirements that become applicable to the source after the date the source submitted its application, but prior to issuance ofa draft permit. IV.C. Permit application processing timeframes For operating permit applications, or for combined construction and operating permit applications, the division shall approve or disapprove the permit application within eighteen months ofreceipt ofa complete application. Permit processing timeframes for operating permit applications for affected sources under the acid rain provisions shall be governed by Code ofFederal Regulations Title 40, Part 72. Ifa timely and complete application is filed, but the division fails to issue or deny a renewal operating permit prior to expiration ofthe operating pennit for which a source is seeking renewal, the previously-issued operating pennit, and all ofits terms and conditions, shall not expire until the renewal operating permit is issued and any previously extended permit shield continues in full force and operation. To the extent feasible, applications shall be acted upon in the order received except that priority shall be given to taking final action on applications for construction or modification under Title I, Part C, and Part D, ofthe Federal Act. Final action on such applications shall be taken within twelve months following receipt ofa complete application. IV.D. Requests for additional information 

### If, after an application is deemed complete, the division determines that additional information is necessary to evaluate ortake final action on an application, the division shall request necessary information in writing and set a reasonable deadline for response. Additional information submitted within the deadline will be evaluated by the division. Ifthe applicant fails to provide the requested information or does not meet the deadline, the source's ability to operate without a permit shall terminate on the date ofthe deadline as provided in section II.B., ofthis Part C.

Regulation No.3 Part C, Page 125



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 126

V. OPERATING PERMIT ISSUANCE, RENEWALS AND MODIFICATIONS V.A. Except as provided below, the division shall not issue, reissue orrenew an operating permit until the source has obtained a final approval construction permit for all emission units pursuant to Regulation No.3, Part B, section IV.H. However, nothing in this section shall preclude the division from issuing, reissuing, orrenewing an operating permit ifthe holder ofan initial approval construction permit has not commenced operation ofthe new construction or modification authorized bythat construction pennit. When the source has 

### not demonstrated compliance with the terms ofan initial approval construction permit as required pursuant to Regulation No.3, Part B, 

### section IV.H., or has not obtained a final approval construction pennit as required above, the division mayissue, reissue or renew an operating permit under the following circumstances: V.A.I. 

### Ifthe source has not demonstrated compliance under the provisions ofRegulation No. 3, Part B, section IV.H., and the source is not anticipated to be in compJiance at the time ofthe operating permit issuance with any ofthe tenns or conditions ofthe initial approval construction pennit, the operating pennit must contain a complianceplan and compliance schedule that meets the requirements ofRegulation No.3, Part C, sections m.c.s., m.c.9., and m.C.IO., with respect to those permit term(s). 

### In that instance, the deviation reporting required under Regulation No.3, Part C, section V.C.7.b., may, at the division's discretion, serve 

### as the demonstration required pursuant to Regulation No.3, Part B, section IV.H., and no final approval construction pennit will be issued; or V.A.2. Ifthe source has not demonstrated compliance under the provisions ofRegulation No. 3, Part B, section IV.H., and the source anticipates being in compliance at the time of the operating permit issuance with all ofthe tenns or conditions ofthe initial approval construction permit, the division can elect to allow the initial approval construction permit to continue in full force and effect pursuant Regulation No.3, Part B, section IV.HA. 

### Inthat instance, the first deviation report after pennit issuance as required under Regulation No.3, Part C, section V.C.7.b., may, at the division's discretion, serve as the demonstration required pursuant to Regulation No.3, Part B, section IV.H., and no final approval construction permit will be issued; or V.A.3. 

### Ifthe source has demonstrated compliance under the provisions ofRegulation No.3, Part B, section IV.H., but not yet received a final approval construction permit, the division may, at its discretion, elect to either issue a fmal approval construction permit orallow the initial approval constructionpermit to continue in full force and effect. The division shall provide written notice to the permittee ofits election. V.B. An 

### operating permit, permit modification or permit renewal shall be issued onlyupon a determinationby the division that the following criteria have been met: 

### V.B.l. The division has received a complete application for a pennit, permit modification, or permit renewal; Regulation No.3 Part C, Page 126



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSIe 

### 2002 Weil Publishing for the 

### State ofColorado 

### 25 CR 12, 12-02 Page 

### 127 All Rights Reserved

V.B.2. Public comment and hearing requirements, except for modifications qualifying for minor permit modification procedures or administrative permit revisions; V.B.3. Requirements for notifying and responding to affected states pursuant to section 

### IX., ofthis Part C. This section is not applicable to minor sources that voluntarily apply for an operating permit for purposes ofsections 

### X., XL, and 

### XII., unless the source is required to have federally enforceable emissions limitations to be considered a minor source, nor to major sources ofColorado-only Hazardous 

### AirPollutants subject to the operating permit requirements solely due to state-only conditions under the state Act; V.B.4. Permit conditions provide for compliance with all applicable requirements and the requirements ofthis Regulation No.3; and V.B.S. The Administrator has received a copy ofthe proposed permit and has not objected to its issuance within forty-five days ofreceipt ofthe proposed permit and all necessary supporting information. This section is not applicable to minor sources that volWltarilyapply for an operating permit for purposes ofsections

# x., XI., and Xll., unless the source is required to have federally enforceable emissions limitations to be considered a minor source, nor to major sources ofColorado-only Hazardous Air Pollutants subject to the operating permit requirements solely due to state-only conditions under the state Act. V.B.6. The Administrator's objection to permit issuance shall be based on a determination that the proposed permit will not be in compliance with applicable requirements or requirements ofCode ofFederal Regulations Title 

### 40, Part 

### 70. Any such objection shall include a statement ofthe Administrator's reasons for objecting and a description ofthe terms and conditions that the permit must include to respond to the objection. Failure ofthe division to do any ofthe following shall also constitute grounds for an objection bythe Administrator: V.B.6.a. Failure to comply with the provisions ofsection V.F., ofthis Part C for submission ofcopies ofpermit applications, proposed permits, and final permits to the Administrator; V.B.6.b. Failure to comply with the provisions ofsection 

### IX., ofthis Part C for review by affected states; V.B.6.c. Failure to submit any information to the Administratornecessary to review adequately the proposed permit; or V.B.6.d. Failure to comply with the provisions ofsection VI., ofthis Part C for public participation. V.B.7. Ifthe division fails, within ninety days after an objection by the Administrator, to revise and submit a proposed permit in response to the objection, the Administrator will issue or deny the permit in accordance with the requirements ofthe federal program promulgated under Title V ofthe Federal Act.

Regulation No. 3 Part C, Page 127



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 128

V.B.S. The permit applicant has paid all applicable hourly fees as set forth in Part A, section VI., ofthis Regulation No.3. V.C. An operating permit shall contain, at a minimum, the following: V.C.l. Emissions limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance, including: V.C.I.a. The permit shall specify and reference 

### the origin ofand authority for each term and condition, and identify any difference in form as compared to the applicable requirement upon which the term or condition is based; and V.C.I.b. The permit shall state that, where an applicable requirement ofthe Federal Act is more stringent than an applicable requirement ofregulations promulgated under Title N ofthe Federal Act, Code ofFederal Regulations Title 40, Part 72, both provisions shall be incorporated into the permit and shall be federally enforceable; and V.C.1.c. Ifallowed bythe state implementation plan, an alternative emissions limitation that is at least as stringent as an applicable requirement maybe substituted for an applicable requirement as a permit term orcondition, so long as the permit containing such equivalency determination contains provisions to ensure that any resulting emissions limitation is quantifiable, accountable, enforceable and based on replicable procedures. V.C.2. The permit term shall be five years. V.C.3. The effective date and termination date ofthe permit shall be specifically identified in the permit. V.CA. A statement ofall monitoring and rclated record keeping and reporting requirements shall be specifically identified in the permit. V.C.S. Each permit shall contain the fo.llowing requirements with respect to monitoring: V.C.S.a. All emissions monitoring and analysis procedures ortest methods required under the applicable requirements, including any required procedures and methods for compliance assurance monitoring and compliance certification requirements; V.C.S.b. Where the applicable requirement does not require periodic testing or instrumental ornon-instrumental monitoring, periodic monitoring, orrecord keeping, sufficient to yield reliable data for the relevant time period that are representative ofthe source's compliance with the permit as required to be reported pursuant to section V.C.16.e., ofthis Part C. Such monitoring requirements shall assure use ofterms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirements

. Regulation No.3 Part C, Page 128 

# .J

5 CCR 1001·5 CODE OF COLORADO REGULATIONSiC 

### 2002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 129 All Rights Reserved

V.c.S.c. As necessary. requirements concerning the use, maintenance and, where appropriate, installation ofmonitoring equipment ormethods. V.C.6. Each permit shall incorporate all applicable record keeping requirements and require, where applicable, the following: V.C.6.a. Records ofrequired monitoring information, that include the following: V.C.6.a.(i) Date, place, as defined in the permit, and time ofsampling or measurements; V.C.6.a.(ii) Date(s) on which analyses were performed; V.C.6.a.(iii) The companyorentity that performed the analysis; V.C.6.a.(iv) The analytical techniques or methods used; V.C.6.a.(v) Theresults ofsuch analysis; and V.C.6.a.(vi) The operating conditions as existing at the time ofsampling or measurement. V.C.6.b. The retention ofrecords ofall required monitoring data and support information for a period ofat least five years from the date ofthe monitoring sample, measurement, report or application. Support information, for this purpose, includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instnunentation, and copies ofall reports required by the permit. The applicant may, with the division's approval, maintain any ofthe above records in a computerized form. Sources must retain records ofall required monitoring data and support information for the most recent twelve month period, as well as compliance certifications for the past five years on-site at all times. A source shall make available for division review all otherrecords ofrequired monitoring data and support information required to be retained by a source upon forty-eight hours advance notice by the division. V.C.6.c. A permittee mayrequest confidential treatment for information in any report submitted underthis section pursuant to the limitations and procedures set forth in section VD., ofPart 

### A ofthis Regulation No.3. V.C.7. Eachpermit shall incorporate all applicable reporting requirements, and shall require the following: V.C.7.a. Submittal ofall reports ofany required monitoring at least every six months except as otherwise required on a more frequent basis pursuant to compliance assurance monitoring rules or other applicable requirements. The division may approve alternative reporting formats and schedules proposed by an applicant consistent with therequirements ofthis section, allowing for coordination with other reporting requirements for that source. All instances ofdeviations from anypermit requirements must be clearly identified in such Regulation No.3 Part C, Page 129



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 130

reports. All required reports must becertified by a responsible official consistent with section lIlB.S .• ofthis Part**C~** V.C.7.b. Prompt reporting ofdeviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of such deviations, and any corrective actions orpreventive measures taken. Each permit shall contain a definition ofprompt reporting in relation to the degree and type ofdeviation likelyto occur and the applicable requirements. Generally "prompt" reporting shall entail reporting as required in section V.C.7.a., above, requiring submission ofreports ofdeviations from permit requirements at least every six months, except as otherwise specified bythe division in the permit. Promptreporting, for this purpose, does not constitute an exception to the requirements ofsection VIT., relating to reporting of emergency events for the purpose ofavoiding enforcement actions. 

## V.e.s. A permit condition prohibiting emissions exceeding any allowances that the source lawfullyholds underTitle 

### IV ofthe Federal Act orthe regulations promulgated thereunder at Code ofFederal Regulations Title

### 40, Part 

### 72. V.C.9. State-onlypermit terms and conditions shall be listed separately on the operating permit. All procedural requirements ofthis Part C may apply to such state-only conditions, except as otherwise required bythe state Act, in order for sources to obtain the permit shield and aU operational flexibility provisions. Thepermit shall also contain a specific designation as not being federally enforceable any state-only terms and conditions included in the permitthat are not required under the Federal Act or under any ofits applicable requirements. A source may choose to obtain a separate construction peIDlit pursuant to Part B for such state-onlyrequirements, except as otherwise required under the state Act; V.C.IO. A severability clause which demands the continued validity ofthe various permit requirements in the event ofa challenge to anyportion ofthe permit; V.C.II. Provisions stating the following permit terms and conditions: V.C.1l.a. The permittee must complywith all conditions ofthe permit issued underthis Part C. Anypermit noncompliance relating to federally enforceable terms or conditions constitutes a violation ofthe Federal Act. as well as the state Act and this regulation. Anypermit noncompliance relating to state-only terms or conditions constitutes a violation ofthe state Act and this regulation, shall be enforceable pursuant to state law, and shall not be enforceable bycitizens under section 304 ofthe Federal Act. Anysuch violation ofthe Federal Act, the state Act orregulations implementing either statute is grounds for enforcement action, for permit termination, revocation and reissuance or modification or for denial ofa permit renewal application. V.C.ll.b. 

### It shall not be a defense for a permittee in an enforcement action or a consideration in favor ofa permittee in a permit termination, revocation or modification action or action denying a permitrenewal application that it Regulation No.3 Part C, Page 130



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 2002 Weil Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 131 All Rights Reserved

would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions ofthe permit; V.C.Il.c. The permit maybe modified, revoked, reopened, and reissued, or terminated for cause. The filing ofany request by the permittee for a permit modification, revocation and reissuance, or termination, or any notification of planned changes or anticipated noncompliance does not stay any permit condition, except as provided in sections X., and XI., ofthis Part C; V.C.1l.d. Thepermit does not convey any property-rights ofany sort, or any exclusive privilege; V.C.Il.e. Thepermittee shall furnish to the division, within a reasonable time specified bythe division, any information that the division may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the division copies ofrecords required to be kept by the permittee, including information claimed to be confidential. Any information subject to a claim ofconfidentiality shall be specifically identified and submitted separatelyfrom information not subject to the claim; V.C.I2. A requirement that the permittee shall pay to the division all applicable fees required bythe state Act and regulations. V.C.13. A provision that no permit revision shall be required under any approved economic incentives, marketable permits, emissions trading and other similarprograms or processes for changes that are specificallyprovided for in the permit; V.C.I4. Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application for a permit and approved bythe division, in accordance with section IV.A., Part A. V.C.IS. Terms and conditions, ifthe permit applicant requests them, for the trading of emissions increases and decreases in thepermitted facility, in accordance with section IV.B., Part A. V.C.16. The following elements with respect to compliance: V.C.16.a. Consistent with sections m.B.7., m.B.8., 

## m.c.s. - 13., and V.CA.- V.C.7., of this Part C, compliance, certification, testing, monitoring, reporting, and record keeping requirements sufficient to assure compliance with the terms and conditions ofthe permit. Any document (including reports) required by an operatingpermit shall contain a certification by a responsible official that meets the requirements ofsection III.B.8., ofthis Part C; V.C.16.b. Inspection and entry requirements that require, upon presentation of credentials and other documents as maybe required by law, the permittee
Regulation No.3 Part C, Page 131



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS

### Page 132

shall allow the division or any authorized representative to perform the following: V.C.16.b.(i) Enter upon the pennittee's premises where an operating permit source is located, or emissions-related activity is conducted, orwhere records must bekept underthe terms ofthe permit; V.C.l6.b.(ii) Have access to, and copy, at reasonable times, any records that must be kept under the conditions ofthe permit: V.C.16.b.(iii) Inspect at reasonable times any facilities, equipment (including monitoring and airpollution control equipment), practices, or operations regulated or required underthe permit. The permittee shall provide, as part ofits permit application, a list ofany specialized safety equipment which may be necessary for use by an inspector; and V.C.16.b.(iv) Any sampling ormonitoring ofsubstances orparameters at reasonable times for the purpose ofassuring compliance with the permit or applicable requirements; V.C.16.c. A schedule ofcompliance consistent with section 

## m.c., ofthis Part C; V.C.16.d. Progress reports consistent with an applicable schedule ofcompliance and section III.C., ofthis Part C, to be submitted at least semiannually or at a more frequent period ifso specified in the applicable requirement orby the division. Such progress reports shall contain the following: V.C.16.d.(i) Dates for achieving the activities, milestones, orcompliance required in the schedule for compliance, and dates when such activities, milestones, or compliance were achieved; and V.C.16.d.(ii) An explanation ofwhy any dates in the schedule ofcompliance were not or will not be met, and anypreventive orcorrective measures adopted. V.C.16.e. Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, orwork practices. Permits shall include each ofthe following: V.C.16.e.(i) The frequency (which shall not be less than annually or such more frequent periods as specified in the applicable requirement or by the division) ofsubmission ofcompliance certifications; V.C.16.e.(ii) In accordance with section V.CA.

- V.C.7., ofthis Part C, a means of monitoring the compliance ofthe source with its emissions limitations, standards and work practices; V.C.16.e.(iii) A requirement that the compliance certification include the following: V.C.16.e.(iii)(A) The identification ofeach permit term and condition that is the basis ofthe certification; Regulation No. 3 Part C, Page 132



### 5 CCR 

### 1001-5 CODE OF COLORADO REGULATIONS(C 2002 Weil Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 133 All Rights Reserved

V.C.16.e.(iii)(B) The compliance status; V.C.16.e.(iii)(C) Whether compliance was continuous or intermittent; V.C.16.e.(iii)(D) The method(s) used for determining the compliance status ofthe source, currently and over the reporting period, consistent with section V.CA.

- V.C.7., ofthis Part C; and whetherthe data collection using the methods referenced for compliance certification provide continuous or intermittent data; and V.C.l6.e.(iii)(E) Such other facts as the division may require to determine the compliance status ofthe source. V.CJ6.e.(iv) A requirement that all compliance certifications shall be submitted to the Administrator as well as to the division. This requirement shall not apply to sources subject to the operating permit requirements solely due to state-only conditions pursuant to the state Act; V.C.l6.e.(v) Any additional requirements for compliance assurance monitoring and compliance certification; V.C.l6.e.(vi) Such other provisions as the division mayrequire. V.C.17. Ifa source is required to develop and register a risk management plan pursuant to section 112(r) ofthe Federal Act, the permit shall onlyrefer to such plan and state the source's compliance with such registration requirement. The content ofthe risk managementplan will not be incorporated as a permit term. V.D. The permit shield shall extend to applicable requirements that are included and specifically identified in the permit. Upon request, the division shall include in the permit a determination identifYing specific requirements that do not apply to the source. The source shall specifyin its permit application for such a determination the requirements as to which the determination is requested. The permit shall state that the permit shield applies to any requirements so identified. A request for a determination to extend the shield to requirements deemed applicable to the source maybe made either 

### in the original permit application or 

### in a subsequent application for a permit modification.
V.E. Ifthe division denies a permit, imposes conditions on a permit that are contestedby the applicant, revokes a permit, orrequires a permit from a source that may qualify for an exemption, the applicant orowner or operator ofthe source mayrequest a hearing before the commission in accordance with the commission's Procedures for Adjudications. Therequest for a bearing mustbe filed with the commission within thirty days afterthe issuance ofthe permit, denial or revocation. Thehearing shall be held in accordance with Colorado Revised Statute sections 25-7-119 and 24-4-105 and the commission's Procedures for Adjudications.

Regulation No. 3 Part C, Page 133



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 134

V.F. The division shall submit to the Administrator a copy ofeach permit application (including any application for permit modification). each proposed permit, and each final operating permit. VI. PUBLIC PARTICIPATION REQUIREMENTS VI.A. Except for modifications qualifying for administrative permit amendments, minor permit modification procedures and operational flexibility provisions, as described in sections X., XL, and XII., ofthis Part C, sections 111., and IV., ofPart A, and except for applications for coverage under general operating permits as deseribed in section VIII., all permit proceedings. including initial permit issuance. significant modifications, re-openings and renewals. are subject to public notice, comment and opportunity for public hearing requirements. A minor source voluntarily applying for an operating permit is not subject to the public participationrequirements ofthis Part C unless the source is required to have a federally enforceable emission limitation to be considered a (synthetic) minor source. Minor sources that are not synthetic minors and major sources ofColorado-only Hazardous AirPollutants subject to the operating permit requirements solely due to state-only conditions shall be subject to the public participation requirements where warranted in accordance with the provisions ofPart B ofthis Regulation No.3. VI.B. The division shall, within fifteen calendar days afterthe preparation ofthe preliminary analysis, cause public notice ofthe application to bepublished in a newspaper ofgeneral distribution in the area in which the proposed project oractivity is orwill be located, and by such other means ifnecessary to assure notice to the affected public, which may include posting ofsuch notice on the publicly accessible portion ofthe division's web site, and cause a copy ofthe preliminary analysis and application to be filed with the county clerk for each countyin which the source is or will be located. The division shall send written orelectronic notice to the applicant, to persons requesting notice ofpermit applications for the type ofsource or geographic area and to affected states. The newspaper notice shall contain the information listed below in VI.B.1.

- VI.B.9. The division's web site notice shall contain all the following information in section VLB.1.

- VI.B.IS.: VI.B.!. The name and address ofthe permittee; VLB.2. The name and address ofthe affected facility; VI.B.3. The division's name and address; VI.B.4. The activity oractivities proposed in the permit application; VI.B.S. The emissions change involved in anypermit modification; VlB.6. The name, address, and telephone number ofa division staffcontact from whom interested persons may obtain additional information, including copies ofthe permit draft, the application, all relevant supporting materials, the compliance plan, the monitoring and compliance certification report, and all other materials available to the division that are relevant to its permit decision; Regulation No.3 Part C, Page 134



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS<L'l 2002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 135 All Rights Reserved

VI.B.7. Information regarding scheduling ofany public comment hearing ifone is requested; VI.B.8. That the division will receive and consider public comments for thirty calendar days after such publication; VLB.9. The division's preliminary determination ofapproval, conditional approval, or disapproval ofthe application; VI.B.10. That any interested person may submit a written request for a public comment hearing to be held by the commission to receive comments regarding the concerns listed in sections VLB.ll.

- VI.B.15., below, the sufficiency ofthe preliminary analysis, and whether the division should approve or deny the pennit application. Any written request for a public comment hearing must be submitted to the division within thirty days ofpUblication; VLB.10.a. Written requests for a public comment hearing shall be directed to the division's office at 4300 Cherry Creek Drive South, Denver, Colorado 80246­ 1530; VLB.lO.b. Requests shall: (i) identify the individual or group applying; (ii) state his or her address and phone number; (iii) state the reasons for the request; (iv) state the manner in which the person is affected by the proceedings; and (v) provide an explanation ofwhy the person's interests are not already adequately represented. VI.B.ll. That comments concerning the ability ofthe proposed activity to comply with applicable requirements are solicited from any interested person; VI.B.12. That comments are solicited on the air quality impacts ofthe source ormodification; VI.B.13. That comments are solicited on alternatives to the source or modification; VI.B.14. That comments are solicited on the control technology required; VI.B.15. That comments are being solicited on any other appropriate air quality considerations. VI.C. Within fifteen calendar days after the preparation ofthe preliminary analysis for those applications subject to the requirements ofthis Part C, the division shall forward to the applicant written notice ofthe applicant's right to a public comment hearing with respect to the application pursuant to section 1.7.0., ofthe commission's procedural rules. VI.D. A public comment hearing request pursuant to section VI.B., ofthis Part C must be transmitted by the division to the commission, along with the complete permit application, the preliminary analysis, the draft permit, and any written comments received by the division within five days after the end ofthe thirty day comment period. At least thirty days prior to the date set for the public comment hearing, the notice ofpublic comment hearing, the preliminary analysis and the draft pennit shall be posted on the division's web site. No substantive revisions shall be made to the draft permit during the thirty days prior to the public comment hearing. The applicant Regulation No.3 Part C, Page 135



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 136

may submit, within ten days following the close ofthe public comment period, a response to any comments made. Nothing herein shall impede the division's ability to meet required processing timeframes or otherrequired time periods contained in this regulation. VI.E. The commission shall hold a public comment hearing within sixty days ofits receipt ofthe request for a hearing pursuant to section VI.B., or section VI.C., ofthis Part C, unless such greater time is agreed to bythe applicant and the division. The division shall appear at the public comment hearing in orderto present the permit application. At least thirty days prior to such hearing, notice thereofshall be mailed by the commission to the applicant, and to any interested person who submitted a request for a public hearing, printed in a newspaper ofgeneral distribution in the area ofthe proposed source or modification, and submitted for public review with the county clerk for each county in which the source or modification is orwill be located. VI.F. The division shall maintain a record ofthe commenters and ofthe issues raised during the public comment and public hearing process for a period offive years. VI.G. The division shall notify the Administrator and any affected state, in writing. ofany refusal to accept all recommendations for the proposed permit that the affected state submitted during the public or affected state review period, as well as reasons for such refusal. VI.H. Ifthe Administrator does not object in writing to the issuance ofanyproposed permit within forty-five days ofreceipt ofthe proposed permit, any person may petition the Administrator within sixty days ofexpiration ofthe Administrator's forty-five day review period to make such objection. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period as provided for in section VI.B., ofthis Part C, unless the petitioner demonstrates that it was impracticable to raise such objections within that period, or unless the grounds for such objection arose after such period V1H.l. A petition for review does not stay the effectiveness ofa permit or its requirements if the permit was issued after the end ofthe forty-five dayreview period and prior to an U.S. EPA objection. VI.H.2. If, pursuant to a petition filed under this section VI.H., the U.S. EPAobjects to the issuance ofa permit prior to its issuance, the division shall not issue the permit until the U.S. EPA's objection has been resolved. VI.H.3. If, pursuant to a petition filed under this section VI.H., the U.S. EPAobjects to the issuance ofa permit after it has been issued by the division, the Administrator may modify, terminate, orrevoke such permit and the division may thereafter issue only a revised permit that satisfies the U.S. EPA's objection. VI.H.4. In 

### no event will any proceeding under this section VLH., cause a source to be in violation ofthe requirement to have submitted a timely and complete application.

Regulation No.3 Part C, Page 136



### 5 CCR 1001-5 

### CODE OF COLORADO REGULATIONSc 2002 Wei! Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 137 All Rights Reserved

VII. EMERGENCY PROVISIONS VII.A. An emergency means any situation arising from sudden and reasonably unforeseeable events beyond the control ofthe source, including acts ofgod, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused byimproperly designed equipment, lack ofpreventative maintenance, careless or improper operation, or operator error. VII.B. An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations ifthe conditions of section VII.C., are met. In any enforcement proceeding, the permittee seeking to establish the occurrence ofan emergency has the burden ofproof. VII.C. The affirmative defense for an emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that: VII.C.1. An emergency occurred and that the permittee can identify the cause(s) ofthe emergency; VII.C.2. The permitted facility was at the time being properly operated; VII.C.3. During the period ofthe emergency, the permittee took all reasonable steps to minimize levels ofemissions that exceeded the emission standards, orother requirements in the permit; and VII.C.4. Thepermittee submitted oral notice ofthe emergency to the division no laterthan noon ofthe next working day following the emergency, and followed by written notice within one month ofthe time when emission limitations were exceeded due to the emergency. This notice fulfills the requirement ofsection V.C.7.b., ofthis Part C. This notice must contain a description ofthe emergency, any steps taken to mitigate emissions, and corrective actions taken. VII.C.5. This provision is in addition to any emergency or upset provision contained in any applicable requirement. VIII. GENERAL OPERATING PERMITS VIII.A. Thedivision may, after notice and opportunity for public participation provided under section VI., ofthis Part C, issue a general permit covering numerous similar sources that would otherwise be required to obtain an operating permit pursuant to this Part C. Any general permit shall comply with all requirements applicable to other operating permits and shall identify criteria by which sources may qualify for the general permit. For sources that qualify, the division shall grant the conditions and terms of the general permit. Notwithstanding the permit shield, a source shall be subject to enforcement action for operation without an operating permit ifthe source is later determined not to qualify for the conditions and terms ofthe general permit. General Regulation No.3 Part C, Page 137



### CODE OF COLORADO REGULATIONS 

### 5 CCR 1001-5

### Page 138

pennits are not authorized for affected sources under the acid rain program unless otherwise provided in regulations promulgated under Title IV ofthe Federal Act. A general permit may be issued for the following purposes: VIII.A.I. To establish tenns and conditions to implement applicable requirements for a source category; VIII.A.2. To establish tenns and conditions to implement applicable requirements in lieu of reopening the pennit to incorporate additional applicable requirements pursuant to section XIII.; 

### VIII.A.3. To establish tenns and conditions for new requirements that apply to sources with existing pennits, so long as no tenns orconditions ofthe existing pennit are being violated; VIII.A.4. To establish federally enforceable caps on emissions from sources 

### in a specified category. VIILA.S. The division may issue a general pennit ifit finds that: VIII.AS.a. There are several pennittees, permit applicants, orpotential pennit applicants who have the same or substantially similar operations, emissions, activities, or facilities; VIII.AS.b. The pennittees, pennit applicants, orpotential pennit applicants emit the same type ofregulated air pollutants; VIII.AS.c. The operations, emissions, activities, or facilities are subject to the same or similar standards, limitations, and operating requirements; and VIII.AS.d. The operations, emissions, activities, or facilities are subject to the same or similar monitoring, record keeping, and reporting requirements. VIII.B. A general permit developed under this section shall identifycriteriabywhich sources may qualify for the general permit. After a general pennit has been developed, any eligible source may submit an application to be 

### covered underthe pennit. VIII.C. 

### An application for coverage under a general permit shall identifythe source and provide infonnation sufficient to demonstrate that it falls within the source category covered by the general pennit, together with all infonnation necessary to determine qualification for, and to assure compliance with, the general permit including a compliance plan in accordance with section III.C.8., ofthis Part C. 

## vrn.D. A [mal action approving a request for coverage under a general permit shall not be subject tojudicial review. A source may seekjudicialreview ofa final action denying coverage under a general pennit. VIII.E. Ifsome, but not all, ofa source's operations, activities, and emissions are eligible for coverage under one or more general permits, the source may apply for and receive coverage under the general pennits for the operations, activities, and emissions that Regulation No.3 Part C, Page 138



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSIe 2002 Wei! Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 139 All Rights Reserved

are so eligible. Ifthe source is required Wlder section 

## n., ofthis Part C, to obtain an operating permit addressing the remainder ofits operations, activities, and emissions, it may apply for, and receive, an operating permit that addresses specifically those items not coveredby general permits. In such a case, the source's operating permit shall identify all operations, activities, and emissions that are subject to general permits and incorporate those general permits by reference. VIII.F. Sources that would qualify for a general permit must apply to the division for coverage under the terms ofthe general permit or must apply for an operating permit Wlder section III., ofthis Part C. without repeating the public participation procedures required Wlder section VI., ofthis Part C, the division may grant a source's request for authorization to operate under a general permit. Such a grant shall not be a final permit action for purposes of judicial review. 

### VIII.G. Upon granting ofthe general permit by the division, the source must keep a copy of the permit on-site at all times. VIII.H. A general operating permit shall not be issued to a major source where issuance ofa general permit would cause a violation ofany applicable requirement in any other operating permit held by the source, orwhere issuance ofa general operating permit operates to allow the source to avoid a modification Wlder Title I ofthe Federal Act. VIII.!. A source may commence operations Wlder the general operatingpermit sixty days after submitting its application for a general operating permit Wlless notified by the division within that time period that additional information is required to determine whether the source qualifies for a general operating permit. Nothing herein precludes the division from requesting additional information after sixty days have elapsed since the source's submission ofa general operating permit application. VIIIJ. The application shield shall become effective upon the source's submission ofa complete application, in accordance with section II.B., ofthis Part C. VIII.K. The permit shield shall become effective upon issuance ofthe general operating permit by the division. 

## vm.L. The general operating permits, as developed by the division. shall be required to Wldergo review by the Administrator, affected states and thepublic, as set forth in sections V.B., VI., and IX., ofthis Part C every five years. IX. REVIEW BY AFFECTED STATES IX.A. The division shall give notice ofeach draft operating permit to any affected state on orbefore the time that the division provides public notice under section VI. ofthis Part C, except where the requirements for timing ofnotices are different pursuant to sections X., X.I., and XII., ofthis Part C. IX.B. The division shall notify the U.S. EPA and any affected state 

### in writing ofany refusal by the division to accept all recommendations for the proposed permit that the affected state submitted during the public or affected state review period. Said notice Regulation No.3 Part C, Page 139



### CODE OF COLORADO REGULATIONS 

### 5 CCR 1001-5

### Page 140

will include the division's reasons for not accepting any such recommendation. The division is not required to accept recommendations that are not based on applicable requirements. 

### X. MINOR PERMIT MODIFICATION PROCEDURES 

### XA Minor pennit modification procedures maybe used only for those pennit modifications that: 

### XAI. Do not violate any applicable requirement; XA.2. Do not involve significant changes to existing monitoring, reporting, or record keeping requirements in a pennit; XA.3. Do not require or change a case-by-case detennination ofan emission limitation or other standard or a source-specific detennination for temporary sources ofambient impacts, or a visibility or increment analysis; XA.4. Do not seek to establish orchange a permit tenn or condition for which there is no corresponding underlying applicable requirement and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. Such tenns and conditions include: 

### XA4.a. A federally enforceable emissions cap assumed to avoid classification as a modification under any provision ofTitle I ofthe Federal Act, including but not limited to modifications under Part 2 ofthe state Act (prevention of significant deterioration), Part 3 ofthe state Act (attainment),orNew Source Perfonnance Standards (Regulation No.6); 

### X.A4.b. An alternative emissions limit approved pursuant to regulations promulgated under Colorado Revised Statute section 25-7-109.3 or section 112(i)(5) ofthe federal Act (Regulation No.8); 

### XA5. Are excepted from the definition ofmodification 

### in PartA, section lB.36.e., ofthis Regulation No.3. X.A.6. Are not otherwise requiredby the division to be processed as a significant modification. X.B. Notwithstanding section

### X.A5., above and XI., below (group processing criteria), minorpennit modification procedures maybe used for permitmodifications involving the use ofeconomic incentives, marketablepermits, emissions trading, and other approved approaches, to the extent that such minorpennitmodification procedures are otherwise provided for in the state implementation plan promulgated pursuant to the state Act. 

### X.C. An application for a minorpermitmodification shall beprepared on forms supplied bythe division.

Regulation No.3 Part C, Page 140



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSIC 2002 Wei) Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 141 All Rights Reserved

X.D. Applications shall meet the requirements ofan application for an operating permit 

### as set forth in commission Regulation No.3, Part C, section 

### III.• and be signed by a responsible official The applicant shall furnish all information and data required by the division to evaluate the minor permit modification application, and shall include the following: X.D.L A description ofthe change. the emissions resulting from the change, and any new applicable requirements that will apply ifthe change occurs; X.D.Z. The source's suggested draft permit; X.D.3. Certification by a responsible official that the proposed modification meets the criteria for use ofminor permit modification procedures and a request that such procedures be used; and X.DA. Completed forms supplied by the division for the division to use to notify the Administrator and affected states. X.D.S. Data necessary to allow the division to determine whether the source complies with: X.D.S.a. All applicable emission control regulations; X.D.S.b. Applicable regulations for the control ofhazardous airpollutants; X.D.5.c. Requirements ofthe nonattainment and attainment programs (sections IV.D.2., and IV.D.3., in Part B); and X.D.S.d. Any applicable ambient air quality standards and all applicable regulations. When the data includes modeling, the model used shall 

### be an appropriate one given the topography, meteorology, and other characteristics ofthe region which the source will impact; X.D.6. Copies ofAirPollutant Emission Notice(s) on file with the division indicating production/process rates for which the operating permit is to be evaluated, or, ifAir Pollutant Emission Notice(s) have not been previously filed, a new 

### AirPollutant Emission Notice(s) shall be submitted in accordance with Part A, section 

### 11 The Air Pollutant Emission Notice fee will not be charged for submission ofcopies ofcurrent Air Pollutant Emission Notice(s) previously filed with the division. X.E. An application for a minorpermit modification will notbe deemed to be complete until a1l information and data (including anyrequired ambient air impact analysis in accordance with section VIII., ofPart A) required to evaluate the application have been submitted to the division. X.F. Within five working days ofreceipt ofa complete minorpermit modification application, the division shall send a copy ofthe notice completed pursuant to section X.DA., above, to the Administrator. X.G. Within five working days ofreceipt ofa complete minorpermit modification application, the division shall send a copy ofthe notice completed pursuant to section Regulation No.3 Part C, Page 141



### CODE OF COWRADO 

### REGULATIONS 5 CCR 1001-5

### Page 142

X.D.4., above, to affected states. Notice to affected states shall not be required for minor sources that voluntarily apply for an operating permit to obtain the operational flexibility set forth in this Part C. The division shall notify the Administrator and any affected state ofany refusal by the division to accept all recommendations for the proposed revised permit under the minorpermit modification procedures that the affected state submitted during its review period. The division shall include in such notice its reasons for not accepting any such recommendation. The division is not required to accept recommendations that are not based on applicable requirements under the state or Federal Act. Notice to affected states and to the Administrator is not required for minor modifications involving state-only conditions.
X.H. Within ninety calendar days ofreceipt ofa complete application for minor permit modification, or fifteen calendar days after the end ofthe Administrator's forty-five day review period, whichever is later, the division shall: X.H.1. Issue the minorpermit modification as proposed; X.H.2. Deny the minorpermit modification application; X.H.3. Determine that the requested modification does not meet the minorpermit modification criteria and should be reviewed under the significant modification procedures; or X.HA. Revise the draft minorpermit modification and transmit to the Administrator the new proposed minorpermit modification as required in this Regulation No.3, Part C, section V.B.S. x.I. A source shall be allowed to make the changes proposed in its application for minor permit modification immediately after it files such application. Ifthe source elects to make such changes, and until the division issues its final determination in accordance with sections H.I.

- HA., above, the source must comply with both the applicable requirements governing the change and the proposedpermit terms and conditions. During this time, the source does not need to complywith existing permit terms and conditions 

### it seeks to modify, but ifthe source fails to comply with its proposed permit terms and conditions during this period, the existing permit terms and conditions it seeks to modify shall be fully enforceable by the division. 

### XJ. Thepermit shield shall not extend to minor permit modifications. 

### X.K. A permit modification for purposes ofthe acid rain portion ofa permit shall be governed byregulations promulgated under Title N ofthe Federal Act, found at Code ofFederal Regulations Title 40, Part 72.
XI. PROCEDURES FOR GROUP PROCESSING OF MlNOR PERMIT MODIFICATION APPLICATIONS XI.A. Groupprocessing ofapplications for modifications eligible for minor permit modification processing may be used only for those permit modifications that:
Regulation No.3 Part C, Page 142



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS10 2002 Weil Publishing for the State ofColorado 

### 25 CR 

### 12, 12-02 Page 143 All Rights Reserved

Xl.A.I. Meet the requirements ofPart C, sections X.A.l.

- X.A.6., above, for minor permit modification procedures; and XI.A.2. That collectively are below the lowest threshold level as set forth below: XI.A.2.a. Ten percent ofthe emissions allowed bythe permit for the emissions unit for which the change is requested; or Xl.A.2.b. Twenty percent ofthe applicable definition ofmajor source; or Xl.A.2.c. Five tons per year, whichever is less. XI.B. An application shall be filed with the division for each change the source proposes to make, describing the change and the new emissions resulting from the change and notifying the division that the source intends to request group processing ofsuch minor modification applications in accordance with section Xl.C.4., below. An application for group processing ofminor permit modifications shall be prepared on fotms supplied by the division. Xl.C. Applications shall meet the requirements ofan application for an operating petmit as set forth in commission Regulation No.3, Part C, section 

## m., and be signed by a responsible official. The applicant shall furnish all infotmation and data (including any required ambient air impact analysis in accordance with section VIIl., ofPart A) required by the division to evaluate the minor permit modification application and shall include the following: XI.C.l. A description ofthe change, the emissions resulting from the change, and any new applicable requirements that will apply ifthe change occurs; XI.C.2. The source's suggested draft permit; XI.C.3. Certification by a responsible official that the proposed modification meets the criteria for use ofgroup processing procedures and a request that such procedures be used; XI.C.4. A list ofthe source's otherpending applications awaiting group processing, and a determination ofwhether the requested modification, aggregated with these other applications, equals orexceeds the threshold set under sections Xl.A.2.a.

- XI.A.2.c.; XI.C.5. Certification by a responsible official that the source has notified the U.S. EPA ofthe proposed modification. Such notification need only contain a briefdescription ofthe requested modification; XI.C.6. Copies ofAirPollutant Emission Notice(s) on file with the division indicating production/process rates for which the operating permit is to be evaluated, or, ifAir PolJutant Emission Notice(s) have not been previously filed, a new AirPollutant Emission Notice(s) shall be submitted in accordance with Part A, section 

### ll. The Air Pollutant Emission Notice fee will not be charged for submission ofcopies ofcurrent Air Pollutant Emission Notice(s) previously filed with the division. Regulation No.3 Part C, Page 143



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 144

XI.C.7. Completed forms for the permitting authority to use to notify the Administrator and affected states. Notice to affected states is not required for minor sources voluntarily applying for an operating permit to obtain the operational flexibility set forth in this Part C. Notice to affected states and the Administrator is not required for group processing ofminor modifications involving state-only conditions. XI.C.8. As provided for in the state implementation plan, minor permit modifications made pursuant to this section XI., will not trigger theprocedural requirements otherwise applicable for modifications pursuant to Part 

### B. XI.D. On a quarterly basis, orwithin five business days ofreceipt ofan application demonstrating that the aggregate ofa source's pending applications equals or exceeds the thresholds set forth in sectionXI.A.2., whichever is earlier, the division shall promptlynotifythe Administrator and affected states. A source shall only be allowed to aggregate its increased emissions causedby changes made in accordance with this section XI., during each five-year permit term, except that any aggregation of emissions that equals or exceeds the thresholds set forth in section A.2., shall trigger the procedural requirements set forth in this section XI. All aggregation ofemissions not addressed through the procedures set forth in this section XI., shaH be incorporated into the operatingpermit upon renewal. The division shall promptly notifythe Administrator and any affected state ofany refusal by the division to accept all recommendations for the proposed revised permit under the group processing ofminor permit modifications that the affected state submitted during its review period. The division shall include in such notice the reasons for not accepting any such recommendation. The division is not required to accept recommendations that are not based on applicable requirements under the state orFederal Acts. XI.E. Within one hundred and eighty calendar days ofreceipt ofa complete application for group processing ofminorpermit modifications under this section XI., or fifteen calendardays after the end ofthe Administrator's forty-five days review period, whichever is later, the division shall: XI.E.I. Issue the minorpermit modification as proposed; XI.E.2. Deny the minorpermit modification application; XI.E.3. Determine that the requested modifications do not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or XI.E.4. Revise the draft minorpermit modification and transmit to the Administrator the new proposed minorpermit modification. XI.F. A source shall be allowed to make the changes proposed in its application for group processing ofminorpermit modifications immediately after it files such application. Ifthe source elects to make such changes, and until the division issues its final determination in accordance with sections XI.E.I.

- XLE.4., above, the source must Regulation No.3 Part C, Page 144



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 2002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 145 All Rights Reserved

complywith both the applicable requirements governing the change and the proposed permit terms and conditions. During this time, the source does not need to comply with existing permit terms and conditions it seeks to modify, but ifthe source fails to complywith its proposed permit terms and conditions during this period, the existing permit terms and conditions it seeks to modify shall be fully enforceable by the division.
XlG. Thepermit shield shall not extend to minorpermit modifications made pursuant to the group processing procedures in this section Xl
XII. OPERATIONAL FLEXIBILITY
XII.A Section 502(b)(IO) changes
XII.A.t. No permit revision is necessary for changes within a permitted facility, ifthe changes are excepted from the definition ofmodification in Part A, section 1.B.36.e., ofthis Regulation No.3, and the changes do not exceed the emissions allowable under the permit, whether expressed therein as a rate ofemissions or inthe terms oftotal emissions, and provided that notice is provided to the division 

### as set forth below:
Xn.AI.a. For each such change, the facility shall provide the Administrator and the division with a minimum ofseven days' written notification in advance ofthe proposed changes. The notice must be received by the division no later than seven days in advance ofthe proposed changes. The source, the division, and the Administrator shall attach each such notice to their copy ofthe relevant permit; xn.A.I.b. For each such change, the written notification required above shall include a briefdescription ofthe change within the permitted facility, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result ofthe change;
XII.A.I.c. A source shall be allowed to make such change proposed in its notice on the day following the last day ofthe advance notice described in this section ifthe division has not responded nor objected to the proposed change on orbefore that day; and
XII.AI.d. Thepermit shield shall not apply to any changes made pursuant to this section. Ifsubsequent changes cause the facility's operations and emissions to revert to those anticipated in the operating permit, the permittee resumes compliancewith the terms and conditions ofthe permit, and has provided the division and Administrator with a minimum ofseven days advance notice of such changes in accordance with the provisions ofsection XII.A.I.a., above, the permit shield maybe reinstated in accordance with the terms and conditions stated in the operating permit.
XII.A.2. Changes made pursuant to this section XII.A., shall be incorporated into the operating permit at the time ofrenewal, at which time the permit shield shall apply.
Regulation No.3 Part C, Page 145



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 146

XII.B. OffPermit Changes No permit revision shall be necessary for changes within a permitted facility, not otherwise addressed or prohibited in the permit or in the provisions ofthis section XIIB., governing offpermit changes. This provision shall apply to changes which are excepted from the definition ofmodification in Part A, section 1B.36.e., ofthis Regulation No.3., or ifsuch changes are subject to requirements ofTitle 

### N ofthe Federal Act (acid rain program). As provided for in the state implementation plan, changes made pursuant to this section XII.B., shall not trigger the procedural requirements contained in Part B, for obtaining a construction permit. XII.B.I. Each such change shall meet all applicable requirements and shall not violate any existing permit term or condition. XII.B.2. The source must provide contemporaneous written notice to the permitting authority and the Administrator ofeach such change, except for changes that have been determined to be insignificant by the commissionpursuant to regulation. Such written notice shall describe each such change, including the date, any change in emissions, pollutants emitted, and any applicable requirement that would apply as a result ofthe change. A revised AirPollutant Emission Notice shall be submitted in accordance with the provisions ofPart A, section II., along with the written notice required in this section XII.B.2. XII.B.3. The permit shield shall not apply to any such change madepursuant to this section XII.B. XIIB.4. The source shall keep a record describing changes made at the source that result in emissions ofaregulated air pollutant subject to an applicable requirement, but not otherwise regulated under the permit, and the emissions resulting from those changes, including any otherdata necessary to show compliance with applicable ambient air quality standards. XII.B.5. Changes made pursuant to this section XII.B.. shall be incorporated into the operating permit at the time ofrenewal. XIII. REOPENING FOR CAUSE OF PERMITS ISSUED PURSUANT TO PART C XIIIA. A permit issued pursuant to Part C ofthis commission Regulation No.3, shall be reopened and revised under any ofthe following circumstances: XIIIA.I. Additional applicable requirements become applicable to a major source with a remaining permit term ofthree or more years. Such reopening shall be completed no later than eighteen months afterpromulgation ofthe applicable requirement. No such reopening is required ifthe effective date ofthe requirement is later than the date on which the permit is due to expire, unless the original permit or any ofits terms and conditions has been extended, or ifa general permit is obtained to address the new requirementpursuant to section VIII.A.2.;

Regulation No.3 Part C, Page 146



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSII) 2002 Wei! Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 147 All Rights Reserved

XIll.A.2. Additional requirements (including excess emissions requirements) become applicable to an affected source under the acid rain program. Upon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the permit; XIII.A.3. The division or the Administrator determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or otherterms orconditions ofthe permit; XllI.A.4. The division orthe Administrator determines that the permit must be revised or revoked to assure compliance with the applicable requirements; XllI.A.5. Permit reopening and reissuance shall be processed using the procedures set forth in Part C, sections DI., IV., and V., ofthis commission Regulation No.3 for permit issuance and permit renewal; xm.A.6. Proceedings to reopen and reissue permits affect only those parts ofthe permit for which cause to reopen exists; and XIII.A.7. Reopening under this section ofPart C shall not be initiated before notice ofsuch intent is provided to the sourceby the division at least thirty days in advance ofthe date that the permit is to be reopened. The division mayprovide a shorter time period within which to give notice in the case ofan emergency. XDI.B. The division shall extend the permit shield to those parts ofthe permit that havebeen changed pursuant to the reopening and reissuance proceedings ofthis section ofPart 

## C.
XIII.C. A source may choose to have its operating permit renewed during anyproceeding for reopening the permit under this section, provided a complete application is submitted pursuant to Part C.
XIV. COMPLIANCE ASSURANCE MONITORING The regulations promulgated bythe U.s. EPA listed in section XIV.A.I. below, are hereby incorporated by reference by the commission and made a part ofthe Colorado commission regulations. Materials incorporated byreference are those in existence as ofthe date indicated and do not include later amendments. The material incorporated byreference is available for public inspection during regular business hours at the Office ofthe Commission.locatcd at 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530, or may be examined at any state publications depository library. Parties wishing to inspect these materials should contact the Technical Secretary ofthe commission, located at the office ofthe commission. XIV.A.I. Air Pollution Control, Monitoring, Operating Permits, Reporting and Record Keeping Requirements: Compliance Assurance Monitoring, Code ofFederal Regulations Title 40, Parts 64 and 70.6, October 22, 1997 (62 FR 54900).

Regulation No.3 Part C, Page 147



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 148

Air Pollution Control, Monitoring, Operating Permits, Reporting and Record keeping Requirements: Compliance Assurance Monitoring, Code ofFederal Regulations Title 40, Parts 64, 70.6 and 71.6, October 22, 1997 (62 FR 54900

Regulation No. 3 Part C, Page 148


### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 2002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 

### Page 149 All Rights Reserved

APPENDIX 

### A
Method ForDetennining De Minimis Levels ForNon-Criteria Reportable Pollutants
The following procedures must be followed in order to determine the appropriate de minimis (minimum) reporting level for each pollutant that is emitted from each emission point at a contiguous site. If you do not wish to use the three-scenario approach at yOUT facility, you may elect to use Scenario 

### 1 for all emission points. Definitions Release Point

- the lowest height above ground level from which the pollutants are emitted to the atmosphere. Property Boundary

- the distance from the base of the release point to the nearest property boundary. Point

- an individual emission point or a group ofindividual emission points reported on one Air Pollutant EmissionNotice as provided for in 

### Part A, section 

### ll.B.4.

Methodology To detennine the de minimis level for a single pollutant being emitted from a point (single or grouped).

STEP 1: Detennine which ofthe three scenariosbelow applies to the emission point. 

### Ifdifferent scenarios canbe applied to the same emission point, use thehighest numbered scenario that applies. In the case of grouped emission points, use the lowest scenario number (for the entire group) that applies to anyofthe single emissionpoints within the group. Scenario 1: Releasepoint less than 10 meters orpropertyboundary less than 100 meters; Scenario 2: Release point equal to or greater than 10 meters, but less than 50 meters, or property boundary equal to or greater than 100 meters, but less than 500 meters; or Scenario 3: Release point equal to or greaterthan 50 meters, orpropertyboundary equal to or greater than 500 meters.

Regulation No.3 Appendix A Page 150



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 150

STEP 2: Use Appendix B to identify which ofthe three bins (Bin A, B, or C) 

### the chemical is listed under. Ifthe pollutant is not listed, it does not have to be reported unless it is included in a chemical compound group.

STEP 3: Use the table below to detennine the de minimis level. All values are in pounds per year.

Scenario 1 Scenario 2 Scenario 3 Chemical Bin De Minimis De Minimis DeMinimis Bin A 50 125 250 BinB 500 1250 2500 BinC 1000 2500 5000

STEP 4: Repeat the above steps for each pollutant emitted from each emission point (single or grouped). One 

### Air Pollutant Emission Notice must be 

### filed for each emission point that emits one or more chemicals above the de minimis level.

Regulation No.3 Appendix A Page 151



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS**~** 2002 Weil Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 151 All Rights Reserved

APPENDIXB NON-CRITERIA REPORTABLE POLLUTANTS (Sorted byBIN)

Note: HAP means federal, or federal and state hazardous air pollutant HAPs means state-only hazardous airpollutant CAS 

### lAP 7934 

### lAP 7900 

### lAP 7535 

### lAP 57147

### ~ 120821

### ~ 96128

### ~ 122667

### ~ 106887

### ~ 75558

### ~ 10699 

### lHAP 54 HAPs 55 .HAP 1 HAPs 7644410**~** 123911

### ~ 1746016

### ~ 8 

## nAP 947

### ~ 512 

# fElAP 1211 

## nAP 584 91087 

# fElAP 532274

### ~ 79469

### ~ 119937

### ~ 91941

### ~ 119904 

## HAP 101144 

# !HAP 101779 

# !HAP 534521
Regulation No. 3 Toxics 1,2,2-Tetrachloroethane 1,2-Trichloroethane 1,I-Dichloroethylene (Vinylidene chloride) 1,I-Dimethyl hydrazine 1,2,4-Trichlorobenzene 1,2-Dibromo-3-chloropropane 1,2-Diphenylbydrazine 1,2-Epoxybutane

2-Propylenimine (2-Methyl aziridine) 3-Butadiene

Dichloropropene 1,4-Butanediol dimethanesulphonate l,4-Dichlorobenzene 1,4-Dichloro-2-butene l,4-Dioxane (1,4-Diethyleneoxide) 12,3,7,8-TCDD (Dioxin)

,4,6-Trichlorophenol ,4-D, salts and esters (2,4-Dichlorophenoxyacetic acid) Dinitrophenol Dinitrotoluene 2,4-Toluenediisocyanate 2,6-Toluenediisocyanate 2-Chloroacetophenone 2-Nitropropane 3,3'-Dimethyl benzidine 3,3-Dichlorobenzidene 3,3-Dimethoxybenzidine 4,4-Methylene bis (2-chloroaniline) 4,4-Methylenedianiline 4,6-Dinitro o-cresol, and salts
Appendix B 

# BIN1 A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A 

### 152

Page



### 5 CCR**1001~5** 

### CODE OF COLORADO REGULATIONS

### Page 152

APPENDIXB NON-CRITERIA REPORT ABLE POLLUTANTS (Sorted byBIN)

Note: HAP means federal, or federal and state hazardous airpollutant HAPs means state-only hazardous airpollutant CAS HAP 92671 HAP 75070 HAP 75058 HAP 107028 [HAP 79061 [HAP 79107 [HAP 107131 [HAPs 1402682 116063 [HAPs 309002 lO7186 [HAP 107051 20859738 HAP 62533 HAP C 86884 HAP 

### 0 HAP 1332214 

## fIAP 71432

### ~ 92875 

### HAP 98077 HAP 100447 HAP 

### 0 

## lIAP 542881 

## lIAP 117817 7726956 

## lIAP 75252 

## lIAP 0 

## lIAP 156627 

### HAP 133062
Regulation No.3 Toxics I4-Aminobiphenyl iAcetaldehyde iAcetonitrile iAcrolein iAcrylamide iAcrylic acid iAcrylonitrile iAflatoxins iAIdicarb (Temik) Aldrin Allyl alcohol Allyl chloride Aluminum phosphide Aniline Antimony compounds ANTU (alpha-naphthylthiourea) Arsenic compounds Asbestos Benzene Benzidine (p-Diamino diphenyJ) Benzotrichloride**~enzyl** chloride, (Chloromethyl)benzene Beryllium compolUlds Bischloromethyl ether BIN A A A A A A A A A A A 

# ij=

A A A A A A A A A A Bis(2-ethylhexyl) phthalate (DEHP) (Dioctyl phthalate) A Bromine A Bromoform A Cadmium compounds A Calcium cyanamide A Captan A 

### 153 AppendixB Page



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS(t) 2002 Wei! Publishing for the Slate ofColorado 

### 25 CR 

### 12, 12-02 Page 153 

## An Rights Reserved

APPENDIXB NON-CRITERIA REPORTABLE POLLUTANTS (Sorted byBIN)

Note: HAP means federal, or federal and state hazardous 

### air pollutant HAPs means state-only hazardous airpollutant CAS 

### 156366.i 

### HAP 7515(J HAP 56235 HAP 120809 HAP 133904 HAP 57749 HAP 7782505 HAP 79118 

## !HAP 108907 107073 

## !HAP 67663 

## !HAP 107302 

### HAP 126998 HAP 0 

### HAP 0 

## !HAP 0 

## !HAP 1319773 4170303

123739 

### HAP 98828 

### HAP 0 

### HAP 3547044 8065483 HAP 334883 19287457 HAP 111444 HAP 62737 141662 HAPs 60571 HAP 111422 Regulation No.3 ToJe'ics !\--arbofuran**~arbon** disulfide Carbon tetrachloride Catechol ploramben (3-amino-2,5-dichloro benzoic acid)**~ordane** Chlorine thloroacetic acid thlorobenzene Chloroethanol Chlorofonn (Trichloromethane) ChIoromethyl methyl ether Chloroprene (2-Chloro-l.3-butadiene) Chromium compounds (incl. 6+ compounds, etc.) Cobalt compounds (as cobalt metal dust and fumes) Coke Oven Emissions Cresylic acidlCresols Crotonaldehyde Crotonaldehyde (E) Cumene Cyanide compounds DOE (Dichlorodiphenyldichloroethylene) Demeton Diazomethane Diborane Dichloroethyl ether (Bis(2-chloroethyl)ether) Dichlorvos iDicrotophos iDieldrin lDiethanolamine AppendixB BINI A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A 

### 154

Page



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 154

APPENDIXB NON-CRITERIA REPORTABLE POLLUTANTS (Sorted byBIN)

Note: HAP means federal. or federal and state hazardous airpollutant HAPsmeans state-onlyhazardous airpollutant CAS Toxies 115264 lDimefox 60515 lDimethoate 

### HAP 77781 lDimethyl sulfate**~** 68122 lDimethylformamide 78342 lDioxathion 152169 lDiphosphoramide.octamethyl 298044 lDisulfoton 115297 IEndosulfan 72208 fEndrin 

### HAP 106898 IEpichiorohydrin (I-Chloro-2,3-epoxypropane) 563122 fEthion 

### HAP 140885 fEthyl acrylate 

### HAP 106934 !Ethylene dibromide (I,2-Dibromoethane) HAP 107062 !Ethylene dichloride (I,2-Dichloroethane)**~** 151564 !Ethylene imine (Aziridine) HAP 75218 !Ethylene oxide 

### HAP 96457 !Ethylene thiourea 22224926 lFenaminophos (Fenamiphos) 115902 Fensulfothion

### ~ 0 Fine mineral fibers 944229 Fonofos

### ~ 50000 Formaldehyde 110009 Furan

### ~ 0 IGlycol ethers 

### HAP 76448 !Heptachlor

### ~ 118741 !Hexachlorobenzene

### ~ 87683 lHexachiorobutadiene

### ~ 77474 lHexach]orocyciopentadiene

### ~ 67721 lHexachloroethane

### ~ 822060 lHexamethylene-I,6-diisocyanate Regulation No.3 AppendixB BIN A A A A A A A A A A A A A A A A A A A A A A A A A A

# ~ A A 

### 155

P,e



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS10 2002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 155 All Rights Reserved

APPENDIXB NON-CRITERIA REPORTABLE POLLUTANTS (Sorted by BIN)

Note: HAP means federal, or federal and state hazardous 

### air pollutant HAPs means state-onlv hazardous airpollutant CAS Toxies 

### HAP 3u:,wu fHydrazine

### ~

### ~rochlOriC acid (Hydrogen cbloride) HAP


# IHAP 78591 4098719 

# IHAP 0 

# IHAP

­ 

# IHAP 0 950107**~AP** 0 126987 10265926

### ~**~ ~**  

## !HAP !HAP !HAP**~ ~**  

# !HAP HAP

Regulation No.3 9503781 86500 74839 74873 60344**748~ 62483~**  74931**7509~ 10168~**  7786341**50560~**

121691 ( 54115 ydrogen fluoride (Hydrofluoric acid) ydrogen sulfide 

### odrin**~phorone ~sophorone**  diisocyanate !Lead compounds (exept elemental lead) !Lindane (all isomers ofhexachlorocyclohexane) lManganese compounds Mephosfo]an Mercury compounds Methacrylonitrile itdethamidophos [Methidathion [Methoxychlor [Methyl azinphos lM:ethyl bromide (Bromomethane) lM:ethyl chloride (Chloromethane) lMethylhydrazine lMetbyl iodide (Iodometbane) lMethyl isocyanate lMetbyl mercaptan (Metbanethiol) lMethylene chloride (Dichloromethane) lMethylene diphenyl diisocyanate (MDl) lM:evinphos lM:ustard gas (Dichlorodiethyl sulfide) IN,N-Diethyl aniline (N,N-Dimethylaniline) Nickel compounds (incl. nickel subsulfide) lNicotine Appendix B BIN A A A A A A A A A A A A A A A A A A A A A . A A

A A 

### 156

Page



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS

### Page 156

APPENDIXB NON-CRITERIAREPORTABLE POLLUTANTS (Sorted by BIN)

Note: HAP means federa1, or federal and state hazardous airpollutant HAPs means state-onlyhazardous air pollutant

# ~ To"c. itric acid HAP 9 itrobenzene 55185 -Nitrosodiethylamine 

### jiAP 627HNilrosodimethYlamine iHAPs 92416 iHAP 9004(J IHAP 95534 1910425 2074502 

# !HAP 56382 298000 IHAP 8268B IHAP 87865 IHAP 127184 IHAPs 122601 298022 

# !HAP 75445 

# !HAP 7803512 

## !HAP 772314C 

### HAP 1336363 

### HAP 0 

### HAP 57578 

### HAP 114261 

### HAP 78875 

### HAP 75569 HAP 106445 

### HAP 91225 

### HAP 106514 

## HAP 0 

## HAP 0 Regulation No.3 -Nitroso-di-n-butylamine p-.Anisidine 

## p-Toluidine Paraquat !Paraquat methosulfate !Parathion !Parathion-methyl !Pentachloronitrobenzene (Quintobenzene) !Pentachlorophenol !Perchloroethylene (Tetrachloroethylene) !Phenyl glyceryl ether (3 phenoxy 1,2 propanediol) !Phorate IPhosgene IPhosphine !Phosphorous Polychlorinated biphenyls (PCBs) (Aroc1ors) rOLYCYLIC ORGANIC 

### MAlTER !Propioiactone, beta**~xur** (Baygon) rropylene dichloride (1,2-Dichloropropane) Propylene oxide p-Creso) Quinoline Quinone iRadionuclides (including radon)**~elenium** compounds AppendixB BIN A A A A A A A A A A A A A A A A 

# ijJ

A A A A A A A A A A A 

### 157

Page



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS**~** 2002 Wei! Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 157 All Rights Reserved

APPENDIXB NON-CRITERIA REPORTABLE POLLUTANTS (Sorted by BIN)

lNote: HAP means federal, or federal and state hazardous airpollutant HAPs means state-only hazardous air pollutant CAS 62748 131522 57249 

# 0 3689245 4809 107493 13071799

509148



## - 108985 HAP 8001352 HAP 121448 HAP 1582098 HAP 593602 HAP 75014 81812 12906(J 1314841 1120714**~** 95807

### ~**~s** 132274**~s** 60153493

### ~ 76 

## iHAPs 11528 

## iHAPs 108171262 

## iHAP 510156 

## iHAPs 117102 

## iHAPs 

# U**~** Regulation No.3 To;jcs lSodium fluoroacetate lSodium pentachlorophenate IStrychnine lSulfotep jrellurium jrEPP (Tetraelhyldithiopyrophosphate) jrerbufos jretranitromethane jrhallium compounds jrhiophenol (phenyl mercaptan) Iroxaphene (Camphechlor) Irriethylamine [rrifluralin lVinyl bromide lVinyl chloride lWarfarin Warfarin sodium Zinc phosphide 1,3-Propane sultone 2,4-Toluene diamine 2-BiphenyJoJ sodium salt P-(N-Nitrosomelhylamine) (Propionitrile) amide

oma !Chlorendic acid !Chlorinated paraffins (CI2, 60% chlorine) !ChJorobenzilate (elhyl-4,4'-dichlorobenzilate) IChrysazin (l)Orbane) ICI Solvent Orange 2 lDiepox }'butane Appendix B BIN A A A A A A A A A A A A A A AI A A A B B B B 

### B B B B B B B B 

### 158

Page



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 158

APPENDlXB NON-CRITERIA REPORTABLE POLLUTANTS (Sorted by BIN)

Note: HAP means federal, or federal and state hazardous airpollutant HAPs means state-only hazardous air pollutant CAS HAP 64675 1642542

60117

### ~ 79447

### ~**~s** 2475458 51796 IHAP 75343 14449<J IHAP
680319 55914 IHAPs 64091914 16752775 IHAP 

# F

79221 Toxics !Diethyl sulfate iDiethylchlorophosphate iDimethyl arninoazobenzene !Dimethyl carbamoyl chloride !Disperse Blue 1 IEthyl carbamate (Urethane) Ethylidene dichloride (1,I-Dichloroethane) Fluoracetic acid Hexamethylphosphoramide sofluorphate Ketone, 3-pyridyl-3-(N-methyl-N-nitrosoarnino) propyl Methomyl Methyl ch1orofonnate 

# raM**108~** Methyl isobutyl ketone 

### (MIBK) (Hexone)**~s** 78988 

# !HAP 108394 

# !HAP 91203 HAPs 

### - HAP 59892 

### HAP 684935 2313522C 

# IHAP 95487 732116 

### HAP 85449 107448 7664939 77816 110576 

### HAP 71556 HAP 5408411 Regulation No.3 Methylglyoxal m-Cresol Naphthalene INitrilotriacetic acid, Ca-, Na-, 

### K salts iN-Nitrosomorpholine IN-nitroso-N-methylurea Pxamyl 

### p-Cresol IPhosmet IPhthalic anhydride**~arin ~ulfuric**  acid lTabun ITrans 1,4-dichlorobutene l,l,l-Trichloroethane (Methyl chlorofonn)**~,2,4-** Trimethylpentane AppendixB BIN B B B B B B B B B B B B B B B B B B B B B B B B B B B B 

### C C 

### 159

Page



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS

# I t
02002 Wei! Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 159 All Rights 

### Reserved 

# I
! 

# I 

# I APPENDIXB NON-CRITERIA REPORTABLE POLLUTANTS (Sorted by BIN)

Note: HAP means federal, or federal and state hazardous airpollutant HAPs means state-only hazardous air pollutant CAS 

### HAP 95954 

### HAP 53963 

### HAP 111762

### ~ 92933

### ~ 100027

### ~ 98862 814686

54626 78535 3734972 88051 139794 

### HAP 92524 534076 10294345 28772567 

### HAP 63252 

### HAP 463581 786196 470906 24934916

3691358 1982474 21923239 56724 5836293

53589, 675149

66819 1089Hl Regulation No.3 Toxics 2.4.5-Trichlorophenol 2-Acetylaminofluorene**~-Butoxyethanol** I4.Nitrobiphenyl I4-Nitrophenol iAcetophenone iAcrytyl chloride lAminopterin lAmiton lAmiton oxalate IAniline,2.4.6-Trimetbyl timycinA iBiphenyl Bis( chloromethyl)ketone iBoron trichloride iBromodiolone**~arbaryl** Carbonyl sulfide**~arbophenothion ~orfenvinfos** **~ormephos ~lorophacinone** **~loroxuron ~orthiophos**  Coumaphos Coumatetralyl Crimidine Cyanuric fluoride Cyclohexamide Cyciohexylamine AppendixB BIN 

# if

C C C C C C C C C C C C C C C C C C C C C C C C C C C C 

### 160

Page



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 160

APPENDIXB NON-CRITERlA REPORTABLE POLLUTANTS (Sorted by BIN)

!Note: HAP means federal, or federal and state hazardous air poJlutant HAPs means state-only hazardous air pollutant CAS 919868 10311849 

## !HAP**13~** 

## !HAP 84742 14974<l 

## !HAP 131113 75183 252403(] 99989 

### 644644 1420071

82666 541537 2778043 13194484

2642719 

## !HAP 100414 538078 

## !HAP 75003 107153 

## iHAP

# ~ 542905 122145 4301502

# 7~

359068 

# t---Ts¥of39 2540821 Regulation No.3 Toxics lDemeton-s-methyl Dialifor Dibenzofurans Dibutyl phthalate Dichloromethylphenylsilane Dimethyl phthalate Dimethyl sulfide (Methyl sulfide) Dimethylphosphorochloridothioate Dimethyl-p-phenylenediamine Dimetilan Dinoterb Diphacinone Dithiobiuret Endothion Ethoprophos (Ethoprop) !Ethyl azinphos**~thyl** 

### benzene (Phenylethane)**~thyl** 

### bis (2-chloroethyl)amine**~thyl** 

### chloride (Chloroethane)**~thylene** 

### diamine**~thylene** 

### fluorohydrin !Ethylene glycol !Ethylthiocyanate IFenitrothion IFluenetii IFluorine IFluoroacetamide IFluoroacetyl chloride lForrnotanate hydrochloride lForrnothion Appendix B BIN C C C C C C C C C C C C C C C C C C C C C C C C C C 

# C1 C C C 

### 161

Page



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 

### 2002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 161 All Rights Reserved

APPENDIXB NON-CRITERIA REPORTABLE POLLUTANTS (Sorted byBIN)

Note: HAPmeans federal, orfederal and state hazardous airpollutant HAPs means state-only hazardous airpollutant Toxics onnparanate lFosthietan 3878191 lFuberidazole

# ~**A2~** lHexamethylenediamine. N,N-dibutyl

11 123319

# ~ 297789 108236 625558 11938() 21609905 1083 Hi

### ~ 

### HAP 67561 2032657

62492(]

### ~ 78933

I 556616 

# ffi80621i
73523,

78944 315184 

### HAP 1634044 

### HAP 108383 1122607 991424**~s** 615532 2497076



# -**~** 95476 7921()
Regulation No.3 lHexane lHydroquinone**~sobenzan ~sopropyl**  chlorfonnate**~sopropyl** fonnate**~sopropylmethylpyrazolyl** dimethylcarbamate (IsoIan) !LePtophos lMaleic anhydride lMethanol (Methyl alcohol) lMethiocarb lMethyl disulfide !Methyl ethyl ketone (MEK) (2-Butanone) lMethyl isothiocyanate lMethyl methacrylate Methylphenkapton Methyl vinyl ketone (3-butene-2-one) Mexacarbate MTBE (Methyl tertiary butyl ether) m-Xylene lNitrocyc1ohexane lNorbormide IN-nitroso-N-methylurethane iOxydisulfoton pzone depleting compounds (CFC, etc.) p-Xylene !peracetic acid Appendix B 

### BIN C C C C C C C C C C C 

# m E
C C C C C C C C C C C 

# W

162 Page



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 162**~** APPENDIXB NON-CRITERIA REPORTABLE POLLUTANTS (Sorted byBIN)

Note: HAP means federal, or federal and state hazardous airpollutant HAPs means state-onlyhazardous air pollutant CAS Toxics BIN 

## fHAP 108952 iPhenol C**64~henol,3-(I-methYlethYI)-methYlCarbamate** C 94702 hosfolan C 13171216 iPhosphamidon C 110894 !Piperidine C 23505411 iPirimifos-ethyl C

263137() iPromecarb C

106967 lProPargyl bromide C 

## fHAP 123386 iPropionaldehyde C 140761 iPyridine, 2-methyI-5-vinyl C 53558251 iPyrlminil C

### ~ 106503 tp-Phenylenediamine C 

## fHAP 106423 tp-Xylene C 60413 IStrychnine sulfate C

### ~ 100425 iStyrene C

### ~ 96093 IStyrene oxide C 7446119 Sulfur trioxide C

297972 Thionazin (0,0 diethyl-0-2­ 

# .. Iphosphorothioate) 

## I C 

## I

79196 Thiosemicarbizide 

## I C 

## I fHAP 7550450 Titanium tetrachloride C

### ~ 108883 Toluene C 

### HAP 79016 Trichloroethylene (TCE) C 555771 Tris(2-chloroethyl)amine C 2001958 Valinomycin C 

### HAP 108054 Vinyl acetate C 

### HAP 1330207 Xylene (and mixed isomers) C 28347139 Xylylene dichloride

# ~

163 Regulation No.3 AppendixB Page 

# ,J

5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 2002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 163 All Rights Reserved

APPENDIXB NON-CRITERIA REPORTABLE POLUITANTS (Sorted by CAS)



# - Note: HAP means federal, or federal and state hazardoultairpoIJutant HAPsmeans state-onlyhazardous airpollutant

CAS Toxics BIN 

### HAP


# -**~dane** (all isomers ofhexachlorocYClobexane) A



## - lium compounds A:**~s** 

# - lNitrilotriacetic acid, Ca-, Na-, K salts B**~one** depleting compounds (CFC. etc.) C

.. 

# tRAP IADtimony compounds A

### ~ (J ArSemc compounds 

### A

### ~ 

## b Beryllium compounds A

### ~ () \....admium compounds A

### ~ () drromium compounds (incl. 

### 6+ compounds, etc.) A 

### HAP 0 \....obalt compounds (as cobalt metal dust and fumes) A 

### HAP (j Coke OvenEmissions A 

### HAP (J Cyanide compounds 

### A 

### HAP () Fine mineraI fibers A 

### HAP 0 Glycol ethers A 

### HAP 0 Lead compounds (exept elementa11ead) A 

### HAP 0 Manganese compounds A 

### HAP (j Mercury compounds A 

### HAP ( Nickel compounds (incl. nickel subsulfide) A

### ~ (J Polycyclic Organic Matter 

### A

### ~ (] It{adfonuc1ides (including radon) A

### ~ (] Selenium compounds A

### ~ 

### 50000 Formaldehyde A 

## aAP 51285 2,4-Dinitrophenol A: 

## aAP 51796**~thyl** carbamate (Urethane) B 

## aM> 53%3 2-Acetylaminofluorene C 

### 54115 Nicotine A 

### 54626 Aminopterin C HAPs 

### 55185 N-Nitrosodiethylamine A 

### 164 Regulation No.3 AppendixB Page



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS

### Page 164

APPENDIXB NON-CRITERIA REPORTABLE POLLUTANTS (Sorted byCAS)

lNote: HAP means federal, or federal and state hazardous air pollutant HAPs means state-only hazardous airpollutant

CAS 55914 IHAPs 55981 56235 IHAP IHAP 56382 56724 5714} 

## fHAP 57245**5757~**

### ~ 57745

### ~ 59892

### ~ 6011"1 

# !HAP 60344 60355 IHAP IHAP 60413 60515 

## fHAPs 

# 605i=idrin 6253

### ~ 62737

### ~ 62748**6275~** IHAP 63252 IHAP 6400t 6467: IHAP 668g 

## fHAP 67561 

## fHAP 67663 

## fHAP 67721 

# tRAP 68122 71432

### ~ 

# tRAP 7155f Regulation No.3 Toxics lIsofluorphate l,4-Butanediol dimethanesulphonate lCarbon tetrachloride !parathion lCoumaphos 1,I-Dimethyl hydrazine**~trychnine** !propiolactone, beta iChlordane IN-Nitrosomorpholine Dimethyl aminoazobenzene Methyl hydrazine Acetamide Strychnine sulfate lDimethoate
'line ichlorvos**~odium** fluoroacetate IN-Nitrosodimethylamine lCarbaryl IPhenol,3-(1-methylethyl)-methylcarbamate lDiethyl sulfate ICYdohexamide lrvIethanol (Methyl alcohol) IChlorofonn (Trichloromethane)**~exachloroethane** lDimethylfonnamide lBenzene 1,1,1-Trichloroethane (Methyl chlorofonn) AppendixB BIN B A A i AI C A A A A B B A B C AI AI A I A A A C C B C C A A A A C

### 165 Page



### CODE OF COLORADO REGULATIONS 

### 5 CCR 

### 1001-5c 2002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 165 All Rights Reserved

APPENDIXB NON-CRITERIA REPORTABLE POLLUTANTS (Sorted by CAS)

lNote: HAP means federal, or federal and state hazardous air pollutant HAPs means state-only hazardous airpollutant

CAS Toxics

# ~ 72435 

### !HAP**7483~** 

## !HAP 7487" 

## !HAP**7488~**

### ~

74931 75003

### ~**7501~**

### ~ 7505S

### ~**~** 7507C 

### !HAP 75092 HAP 7515(] 75183 

### HAP 75218 

### HAP 75252 

### HAP 75343 

### HAP 75354 

### HAP 75445 

## tRAP 75558**7556~** 

## tRAP 

# !HAP**7644~** 

# !HAP 77474 77781

### ~ 778U 78342 78535 

## \HAP 78591 

## \HAP 78875 

## !HAP 78933 78944 Regulation No.3 lMethoxychlor lMethyl bromide (Bromomethane) !Methyl chloride (Chloromethane) !Methyl iodide (Iodomethane) !Methyl mercaptan (Methanethiol) !Ethyl chloride (Chloroethane) lVinyl chloride !Acetonitrile !Acetaldehyde lMethylene chloride (Dichloromethane) Carbon disulfide Dimethyl sulfide (Methyl sulfide) Ethylene oxide Bromoform Ethylidene dichloride (I, l-Dichloroethane) 1,I-Dichloroethylene (Vinylidene chloride) Phosgene 1,2-Propylenimine (2-Methyl aziridine) Propylene oxide lHeptachlor iHexachlorocyclopentadiene toimethyl sulfate**~abun** lDioxathion IAmiton

sophorone !Propylene dichloride (1,2-Dichloropropane) Methyl ethyl ketone (MEK) (2-Butanone) lMethyl vinyl ketone (3-butene-2-one) AppendixB BIN A A A A A A C A A A A A C A. A· B A A A A A A A B A C A A C C 

### 166

Page



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 166

APPENDIXB NON-CRITERIA REPORTABLE POLLUTANTS (Sorted by CAS)

Note: HAP means federal, or federal and statehazardous air pollutant HAPs means state-only hazardous airpollutant

CAS Toxics IHAPs 78988 lMethylglyoxal 79005 1,1,2-Trichloroethane IHAP 79016 Irrichloroethylene (TCE) IHAP IHAP 79061 IAcrylamide IHAP 79107 IAcrylic acid 79118 iChloroacetic acid

### ~ 79196 Ifhlosemicarbizide 792Ul lPeracetic acid 79221 lMethyl chlorofonnate IHAP 79345 1,1,2,2-Tetrachloroethane IHAP 79447 IDimethyl carbamoyl chloride IHAP 79469 I2-Nitropropane 

## IHAP 80626 lMethyl methacrylate 81812 

### !Warfarin 82666 Diphacinone



# . , 

## !HAP 84742 Dibutyl phthalate 

## !HAP 85449 Phthalic anhydride 86500 Methyl azinphos 86884 ANTU (alpha-naphthylthiourea) HAP 87683 Hexachlorobutadiene HAP 87865 Pentachlorophenol 88051 Aniline,2,4,6-Trimethyl 

## !HAP 88062**~,4,6-** Trichlorophenol 

## !HAP 9004C o-Anisidine 9108? 

### fl,6-Toluene diisocyanate 

## !HAP 91203 Naphthalene 91225 Quinoline IHAP 91941 3.3-Dichlorobenzidene

### ~ 

### HAP 92524 Biphenyl

Regulation No.3 AppendixB BIN B A C A A A C C B A B A C A C C B A A A A C A A A B A A C

### 167

Page



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS

### Page 167 «> 2002 Weil Publishing for the State ofColorado 25 CR 12, 12-02 All Rights Reserved

APPENDIXB NON-CRITERIA REPORT ABLE POLLUTANTS (Sorted by CAS)

Note: HAP means federal, or federal and state hazardous airpollutant HAPs means state-only hazardous airpollutant

CAS 

### HAP**:;f~O** 

### HAP 9287'<; 

# IHAP 92933 

# IHAP 9475') 

# IHAP 954U 

# IHAP 9548? 

### HAP 95534 

## HAP 95807 

## HAP 95954 HAP 96093 

### HAP. 96128 

### HAP 96457 

## IHAP 98077 

## IHAP 98828 

### HAP 98862 98873 

### HAP 98953 99985 HAP 100027 HAP 100414 

## aM 100425 

### HAP 10044, HAP 101144 HAP 101688 HAP 101779 

### HAP 106423 

### HAP 106445 

### HAP 106467
Regulation No.3 TMics r-rAminobiphenyl Benzidine (p-Diamino diphenyl)**~-Nitrobiphenyl** 12,4-D, salts and esters (2,4-Dichlorophenoxyacetic !acid)**~-Xylene ~-Cresol**  

## P-Toluidine 2,4-Toluene diamine**~,4,5-** Trichlorophenol Styrene oxide 1,2-Dibromo-3-chloropropane Ethylene thiourea Benzotrichloride Cumene Acetophenone Benzal chloride [(Dichloromethyl)benzene; benzylidenechloride] Nitrobenzene Dimethyl-p-phenylenediamine !4-Nitrophenol !Ethyl benzene (phenylethane)**~tyrene** Benzyl chloride. (Chloromethyl)benzene 4,4-Methylene bis (2-chloroaniline) Methylene diphenyl diisocyanate (MOl) 4,4-Methylenedianiline p-Xylene p-Cresol 1,4-Dichlorobenzene
AppendixB BIN A A C A
C B A B C C A A A A C B
A C C C 

# Ic

A

# ~ A C A A

### 168

Page



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS

### Page 168

APPENDIXB NON-CRITERIA REPORT ABLE POLLUTANTS (Sorted by CAS)

Note: HAP means federal, or federal and state hazardous airpollutant HAPs means state-onlyhazardous airpollutant

CAS HAP 106503 HAP 106514 HAP 106887 HAP 106898 HAP 106934 106967 HAP 106990 107028

### ~ 107051

### ~ HAP 107062 10707.J HAP 107131 107153 107186 107211 HAP 107302 107448 107493 HAP 108054 HAP 108101 10823(i HAP 10831(i 

### HAP 108383 

## !HAP 108394 HAP 108883 HAP 108901

### ~

108918 

### HAP 108952 108985 110009 Regulation No.3 Taxics p-Phenylenediarnine Quinone 1,2-Epoxybutane iEpichlorohydrln (I-Chloro-2.3-epoxypropane) iEthylene dibromide (1,2-Dibromoethane) !Propargyl bromide 1.3-Butadiene iAcrolein IAIlyl chloride IEthylene dichloride (1,2-Dichloroethane) [\-'hloroethanol iAcrylonitrile !Ethylene diamine IAIlyl alcohol !Ethylene glycol lChloromethyl methyl ether Sarin TEPP (Tetraethyldithiopyrophosphate) Vinyl acetate Methyl isobutyl ketone (MIBK) (Hexone) lsopropylchlorforrnate Maleic anhydride m-Xylene m-Cresol Toluene. Chlorobenzene Cyclohexylamine Phenol Thiophenol (phenyl mercaptan) Furan AppendixB BIN C A A A A C A A A A A A C A C A B A C

# ~ C C B C A C C A A

### 169

Page



### S CCR l00I-S CODE OF COLORADO REGULATIONS02002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 169 All Rights Reserved

APPENDIXB NON-CRITERIA REPORTABLE POLLUTANTS (Sorted by CAS)

Note: HAP means federal, or federal and state hazardous airpollutant HAPs means state-only hazardous airpoUutant

CAS HAP 110543 110576 110894 

### HAP 111422 

### HAP 111444 

### HAP 111762 114261

### ~ 115264 iHAPs 115286 115297 115902 116063 iHAPs 117102 

### HAP 117817 

## !HAP 118741 119380 

## !HAP 119904 

## !HAP 119937 

## !HAP 120809 

## !HAP 120821 121142

### ~ 121448

### ~ 

# !HAP 121697 122145 

## HAPs 122601 

# !HAP 122667 

## nAP 123319 

## !HAP 123386 123739
Regulation No.3 Toxics Hexane Trans 1,4-dichlorobutene Piperidine Diethanolamine Dichloroethyl ether (Bis(2-chloroethyl)ether) 2-Butoxyethanol Propoxur (Baygon) Dimefox Chlorendic acid IEndosulfan iFensulfothion**~dicarb** (Temik) pn-ysazin (Dorbane) lBis(2-ethylhexyl) phthalate (DEHP) (Dioctyl phthalate) lHexachlorobenzene**~sopropylmethylpyrazolyl** dimethylcarbamate (!solan)**~,3-Dimethoxybenzidine** 13,3'-Dimethyl benzidine lCatechol 1.2,4-Trichlorobenzene 12.4-Dinitrotoluene jrriethylamine IN.N-Diethyl aniline (N,N-Dimethylaniline) lFenitrothion !phenyl glyceryl ether (3 phenoxy 1.2 propanediol) 1,2-Diphenylhydrazine iHydroquinone If>ropionaldehyde ICrotonaldehyde (E)
Appendix B BIN C B C A A C A A B 

### A A A B A
A C 

### A A A A A A 

### A C 

### A A C C A

### 170

Page



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 170

APPENDlXB NON-CRITERIA REPORT ABLE POLLUTANTS (Sorted by CAS)**~ote:** HAP means federal, or federal and state hazardous 

### air pollutant HAPs means state-only hazardous airpollutant

CAS Taxics 

## aAP 123911 l,4-Dioxane (I,4-Diethyleneoxide) 12698i lMethacrylonitrile 

### HAP**12699~** iChloroprene (2-Chloro-1,3-butadiene) IHAP 127184 !perchloroethylene (Tetrachloroethylene)**12906~** 

# IWarfarin sodium IHAP 131113 iDimethyl phthalate 131522 lSodium pentachlorophenate IHAPs 132274 I2-Biphenylol sodium salt IHAP 

### 13264S IDibenzofurans IHAP 133062 lCaptan IHAP 133904 IChloramben (3-amino-2,5-dichloro benzoic acid) 140761 !pyridine, 2-methyl-5-vinyl IHAP 140885 

### IEthyl acrylate 141662 Dicrotophos 144490 Fluoracetic acid 149746 Dichloromethylphenylsilane 

### HAP 151564 Ethylene imine (Aziridine) 152169 Diphosphoramide, octamethyl 

### HAP 156627 Calcium cyanamide 

### 29778S sobenzan 297972 tThionazin (0,0 diethyl-O-2-pyriziny}phosphorothioate) 298()()( !Parathion-methyl 298022 !Phorate 298044 iDisulfoton 302012**~ydrazine**

# ~s 309002 

## IJ\Idrin 315184 lMexacarbale

### ~ 334883 !Diazomethane**35906~** !Fluoroacetyl chloride 37162C IEthylene fluorohydrln Regulation No.3 Appendix B BIN A A A A A 

### C A B C A A 

### C A A B C A A A 

### C C A A A A 

# J+

A C C 

### 171 Page



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSICI 2002 Weil Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 171 All Rights Reserved

APPENDIXB NON-CRITERIA REPORTABLE POLLUTANTS (Sorted by CAS)

Note: HAP means federal, or federal and state hazardous air pollutant HAPs means state-only hazardous air pollutant

CAS HAP 463581 465736 470906 505602 509148 51015<J

### ~**~** 532274 53407(J 534521 535897 538078 HAP 540841 541537 HAP 54275(J HAP 542881 542905 555771 55661(J 563122

### ~

584849

### ~ 593602**~s** 615532 624839

### ~**~** 62492(] 625558 640197 644644 675149 680319

### ~**~** 684935 Regulation No.3 Toxies**~arbonyl** sulfide Irsodrin thIorfenvinfos Mustard gas (Diehlorodiethyl sulfide) Tetranitromethane Chlorobenzilate (ethyl-4,4'-diehlorobenzilate) 2-Chloroacetophenone Bis(chloromethyl)ketone 4,6-Dinitro o-cresol, and salts Crimidine Ethyl bis (2-chloroethyl)amine 2,2,4-Trimethylpentane Dithiobiuret 1,3-Dichloropropene Bischloromethyl ether Ethylthiocyanate Tris(2-chloroethyl)amine Methyl isothioeyanate Ethion 2,4-Toluene diisocyanate Vinyl bromide N-nitroso-N-methylurethane Methyl isocyanate Methyl disulfide sopropyl formate lFIuoroaeetamide iDimetilan**~yanuric** fluoride**~examethylphosphoramide** IN-nitroso-N-methylurea AppendixB BIN C A C A A B A C A C C C C A A C C C A A A C A C C C C C B B172

Page



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 172

APPENDIXB NON-CRITERlA REPORTABLE POLLUTANTS (Sorted byCAS)

Note: HAP means federal, or federal and state hazardous airpollutant HAPs means state-onlyhazardous airpollutant

CAS 732116 786196 814686 HAP 

### 822060 919868 HAPs 

### 924163 944229 947024 9501071 

### 950378 991424 

## !HAP 1120714 112260'7 1314841 HAP 

### 1319773 HAP 

### 1330201 HAP 

### 1332214 HAP 

### 1336363 139794C**~s** 

### 1402682 1420071 TOxics Phosmet Carbophenothion Acrylyl chloride :Hexamethylene-l,6-diisocyanate Demeton-s-methyl N-Nitroso-di-n-butylamine Fonofos Phosfolan**~ephosfolan** 

### iMethidathion

### ~OrbOrmide pane sultone !Nitrocyclohexane lZinc phosphide ICresylic acidlCresols lXylene (and mixed isomers) iAsbestos !polychlorinatedbiphenyls (PCBs) (Aroclors) Antimycin A Afiatoxins Dinoterb 1464535**~epoxybutane** 

### 1563662 

## IHAP 1582098 

## IHAP 1634044 1642542 

## IHAP 1746016 1910425 1982474 2001958 Regulation No.3 

## CarbOfuran Trifluralin MTBE (Methyl tertiary butyl ether) Diethylchlorophosphate**~,8-** 

### TCDD (Dioxin) quat Chloroxuron Valinomycin AppendixB BIN B C C A C A A C A A C B C A A C A A C A CI B A A C B A A C C 

### 173

Page 

# J

5 CCR 1001-5 CODE OF COLORADO REGULATIONSIi:> 2002 Well Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 173 All Rights Reserved

APPENDIXB NON-CRITERIA REPORTABLE POLLUTANTS (Sorted by CAS)

Note: HAP means federal, or federal and state hazardous airpollutant HAPs means state-only hazardous airpollutant

CAS 2032657 2074502 

## rHAPs 2475458 2497076 2524030 2540821 2631370 2642719 HAPs 2646175 2778043 HAP 3547044 3689245 369135S 3734972 

### 373523i 3878191 409871<; 4170303 4301502 4835114 583629-, 744611(] HAP 755045( HAPs 764441C 

### HAP 76470lC HAP 7664393 7664417 7664939 7697372 HAP 772314C Regulation No.3 Tgxics Methiocarb Paraquat methosulfate Disperse Blue 1 Oxydisulfoton Dimethylphosphorochloridothioate Fonnothion Promecarb Ethyl azinphos CI Solvent Orange 2 Endothion DDE (Dichlorodiphenyldichloroethylene) Sulfotep Chlorophacinone**~ton** oxalate**~ethylphenkapton** Fuberidazole lsophorone diisocyanate Crotonaldehyde Fluenetil Hexamethylenediamine. N,N-dibutyl Coumatetralyl Sulfur trioxide Titanium tetrachloride 1.4-Dichloro-2-butene iHydrochloric acid (Hydrogen chloride) iHydrogen fluoride (Hydrofluoric acid) iAmmonia**~ulfuric** acid !Nitric acid !phosphorous Appendix B BIN C A 

### B C C C C C B C A A C C C C A A C· C. CI C· C A A A B B A A 174

Page



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 174

APPENDIXB NON-CRITERIA REPORTABLE POLLUTANTS (Sorted by CAS)

!Note: HAP means federal, or federal and state hazardous airpollutant HAPs means state-only hazardous airpollutant

CAS T'Oxics 

### 7726956 IBromine 

### 7782414 fluorine 

### HAP 

### 7782505 lChlorine 

### 7783064 lHydrogen sulfide 7786341 [Mevinphos 

### HAP 7803512 !phosphine HAP 

### 8001352 iToxaphene (Camphechlor) 

### 8065483 lDemeton 

### 10265926 [Methamidophos 

### 10294345 lBoron trichloride 

### 10311849 lDialifor 

### 13071799 lI'erbufos 

### 13171216 IPhosphamidon 

### 13194484 IEthoprophos (Ethoprop) 

### 13494809 Tellurium 

### 16752775 Methomyl 

### 17702577 Formparanate 

### 19287457 Diborane 

### 20859738 Aluminumphosphide 

### 21548323 Fosthietan 

### 21609905 Leptophos 

### 21923239 Chlorthiophos 

### 22224926 Fenaminophos (Fenamipbos) 

### 2313522(] Oxamyl 

### 23422539 Formotanate hydrochloride 

### 23505411 Pirimifos-ethyl 

### 24934916 Chlormephos 

### 28347139 Xylylene dichloride 

### 28772567 Bromodiolone 

### 53558251 Pyriminil 

### ..

# -,

BIN

A C A 

# J+

A A A A C C A C C

I A

B C A A C C C A B C C C C C C

### 175 Regulation No.3 AppendixB Page 

# .J

5 CCR 1001-5 CODE OF COLORADO REGULATIONSIe 2002 Wei! Publishing for the State ofColorado 

### 25 CR 12, 12-02 AU Rights Reserved

APPENDIXB NON-CRITERIA REPORTABLE POLLUTANTS (Sorted by CAS)

Note: HAP means federal. or federal and state hazardous airpollutant HAPs means state-onlyhazardous airpollutant

CAS Tttxics HAPs 60153493**~-(N-Nitrosomethylamine)** (Propionitrile) HAPs
HAPs 64091914
108171262 lKetone, 3-pyridyl-3-(N-methyl-N-nitrosoamino) propyl Chlorinated paraffms (CI2. 60% chlorine)

Regulation No.3 Appendix B



### CODE OF COLORADO REGULATIONS Page 

### 175

BIN

B B
B



### 176 Page



### 5 CCR 1001-5

### Page 176

REGULAnON NUMBER

### 3 PART D
I.A. Adopted March 19, 1987

Statement ofBasis, Specific Statutory Authority, and Pwpose for Revisions to Regulation No.3 Section D.C.I The specific statutory authority under which the Commission shall hold and conduct this hearing isprescribed by24-4-103, 25-7-105, -106, -110, and the hearing will be conducted in accord with provisions of24-4-1 03 and 25-7-110, C.R.S. 1982 

### and the Procedural Rules. The revision to Regulation No.3 Section D. C. I. 

### is an addition to the list ofsources which are exempt from filing 

### Air Pollution Emission notices. Addition ofpart 

### l. (small L) to this regulation exempts petroleum industry flares, approved bythe Oil and Gas Conservation Commission, from having to file an 

### AirPollution Emission Notice (APEN) ifemissions ofany pollutant do not exceed five (5) tons peryear. This exemption only applies to flares which do not combust gas containinghydrogen sulfide (HlS) except in trace amounts, since H2S is classified as a hazardous airpollutant. Previously APENS were required for these flares when emissions exceeded 1 ton per year. The 

### Air QualityControl Commission adopts this change for the following reasons: 1) Records ofthe amount ofgas flared will be kept by the Oil and Gas Commission and made available to the Division; 2) The flaring is a temporary activity in most cases; 3) Statewide emissions from flares are relatively low, with nitrogen oxides (N0x) being the main pollutant emitted (emissions ofNQIt from flares is approximately 200 tons peryear statewide, while total stationary source N<>x emissions are over 160,000 tons peryear in Colorado); 4) Ambient impacts from flares are low; 5) No hazardous pollutants will be emitted; 6) Larger flares will still have to 

### bepermitted bythe Division.
I.B. Adopted November 19, 1987
Statement ofBasis, Specific Statutory Authority and Pwpose Addition ofSection XV to 

### Air Quality Control Commission Regulation No.3 Regulation Requiring an Air Contaminant Emission Notice, Emission Pennit Fees
This Statement ofBasis, Specific Statutory Authority and Pwpose complies with the requirement ofthe Administrative Procedures Act, C.R.S. 1973, Section 24-4-103 (4) for adopted or modified regulations.

Page 1



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

# I

c 2002 WeB Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 177 

### J All Rights Reserved



# i 

# I 

# I I [

• 

# t This revision to Regulation No.3, adopted November 19, 1987, is intended to bring the Colorado regulations into conformance with current U.S. EPA regulations. U.S. EPA's regulations were revised inresponse to a court order which required each state to develop a program to assess and remedy visibility impairment in Class I areas from new and existing sources, as established in Section 169A ofthe Clean AirAct. Section XV. is added to Regulation No.3 as part ofthe State's plan to meet the national goal of preventing future, and remedying existing, visibility impairment in Class I areas. Section XV. Togetherwith this Statement ofBasis, Specific Statutory Authority and Purpose and the monitoring and long-term strategies represents Colorado's State Implementation Plan (SIP). This Regulation addresses a type ofvisibility impairment which can be traced to a single source or small group ofsources known as reasonably attributable impairment. The U.S. EPA deferred action on theregulation ofregional haze and urban plumes due to scientific and technical limitations in visibilitymonitoring techniques and modeling methods. TheFLMswere consulted and their suggestions considered in developing the plan. In addition, the Commission provided public notice 60 days priorto the public hearing statingthat interested parties would be given the opportunityto provide testimonyconcerning the Regulation and its requirements at the hearing. Wyoming, Utah and New Mexico were also sent notice ofthe hearing. SectionXV.D. allows the FLMs to certify visibilityimpairment to the Division Director at any time. At such time ofcertification the Division must assess the impairment, identifY the contributing source(s), and conduct a Best Available Retrofit Technology (BAR1) analysis for anycontributing sources located in Colorado. The FLMs have not certified reasonably attributable impairment as ofthis adoption date. Section D. also requires BART and is incorporated for future use, ifnecessary. Any source subject to the BARTrequirements ofthis section mayapply to the U.S. EPA Administrator for an exemption. The application to the U.S. EPAmust include a written concurrence from the Division and Commission; therefore, the source must 

### first apply to the Division. as set forth 

### in Section D.2.c. 

### An exemption grantedbythe Division and approved by the Commission will constitutethe written concurrence required byU.S. EPA. TheNew SourceReview requirement ofSection XV.E. is included for purpose ofreinforcing Sections N.D.2.a (vi) and N.D.3.a. (vi). 

### In addition to existing and new source review. theDivision must develop a visibilitymonitoring strategyto collect information on visibilityconditions and must develop a long-term (10-15 year) strategyto assure progress towards the national goal. The monitoringplan and the long-term strategy are set forth in the SIP submitted to the U.S. EPA. Section XV.F. provides procedures for reviewing andrevising the long-term strategy.

Page 2



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 178

State Implementation Plan for Class I Visibility Protection State ofColorado
The purpose ofthis plan is to assure reasonable progress towards meeting the national goal of preventing future, and remedying existing, visibility impairment in Class I areas. The plan includes provisions for existing and new source review (attached as Regulation No.3, Section XV.), a monitoring strategy, a long-term strategy, and consultation with 

### FlMs. Monitoring Strategy The State ofColorado's Class I Visibilitymonitoring strategy is based on meeting four goals: I. Provide information for new source visibility impact analysis; 2. Determine existing conditions, in Class I areas and the source(s) ofany certified impairment; 3. Determine actual effects from the operation ofnew sources ormodifications to major sources on nearby Class I areas; and 4. Establish visibilitytrends in Class I areas in orderto evaluate progress toward meeting the national goals ofvisibility protection.

The goals will be achieved through a combination ofobjectives concerning monitoring, gathering and evaJuating existing visibility data, and mechanisms for the use ofvisibility data in decision making. Potential new major stationary sources ormajormodifications to existing stationary sources subject to the AirQuality Control Commission (AQCC) Regulation No.3, Section IV.3, are required to perform an analysis ofvisibility impacts on potentially affected Class I areas. The analysis must be conducted utilizing existing visibility data, ifany. TheDivision must consider and evaluate available data from potentially affected Class I areas orother areas that maybe representative ofbackground conditions in the Class I area(s) ofinterest. H data is adequate, the permittee will be notified ofthebackground orbase level ofvisibility against which impacts will be assessed (Regulation No.3, Section IV.3.(a)(iii)(D». Hvisibility data is not adequate, Regulation No.3, Section XIV. allows the Division to require any source which will have or is likely to have an impact on any Class I area to conduct monitoring to establish baseline status of visibility. The monitoring information will be used in the new source review analysis and will add to thebackground and 

### trend databank ofthat Class I area. No monitoring shall be required ifit is currentlybeing conducted by any federal, state, or local agency (AQCC Regulation No.3, Section XIV.B.I). FLMs may at any time identifyto theDivision Class I areas where emissions from a specific source or small group ofsources maybe causing or contributing to visibility impairment in the Class I area. TheDivision will determine ifemissions from any local sources can be reasonably attributed to cause orcontribute to the documented visibility impairment. Inmaking this determination the Division will consider all available data including the following:

Page 3



### 5 CCR 1001-5 CODE OF COWRADO REGULATIONSc 

### 2002 Wei! Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 179 All Rights Reserved

I. Data supplied by the FLM; 2. The number and type ofsources likely to impact visibility in the Class I area; 3. The existing emissions and control measures on the source(s); 4. The prevailing meteorology near the Qass I area; and 5. Anymodeling which may have been done for other air quality programs.

The Division may be unable to make a decision regarding "reasonable attribution" ofvisibility impairment from an existing source or sources using availabJe data. The Division will make available to the affected FLML and the U.S. EPA a discussion ofwhat data was considered and what measures the Division is taking, ifany, to resolve the situation. The Division may consider modeling the impact ofnearby suspected sources with existing visibility models. Funding and other factors may limit the Division's ability to unilaterally initiate studies designed to establish "reasonable attribution". Therefore, the Division may joinwith the FlMs, the suspected source(s), the U.S. EPA. and others in implementing special monitoring and analysis programs to address the specific problem. The Division will sponsor or share in the operation ofvisibility stations with FLMs as the need arises and resources allow. Fiscal, logistical, and other considerations mayconstrain the Division 

### in conducting visibility monitoring in Class 

### I areas. TheDivision will request from each FLM responsible for Class 

### I areas 

### in Colorado copies ofany and all past orexisting programs designed to monitor or evaluate visibility. All future visibility data gathered by each FLM will also be requested, including any analysis and interpretation. The Division will assemble and evaluate the visibility data supplied bythe FlM in addition to any other data collected bythe Division or any other appropriate source (such as a proposed major stationary source) on an annual basis. Long·Term Strategy (LTS) The Commission shall review the strategy set forth below and prepare a public report as required inSection XV.F. The FLMs shall be consulted throughout all phases ofthe LTS development and revisions. A Commission subcommittee will be established to address the following components ofthe LTS: 1. Statewide visibility standards 2. Smoke management 3. Vistas 4. PMIO and PM2.5 emissions 5. Any other components the subcommittec deems applicable.

Page 4



### CODE OF COWRADO REGULATIONS 5 CCR 1001-5

### Page 180

..

# -, The Division is pursuing the adoption ofstatewide visibility standards. The subcommittee will detennine how and ifstandards should be set and how the standards will applyto various areas of the state. Although the end result may apply to regional haze, Class I areas will benefit from statewide standards. The Division presently has smoke management agreements with the FLMs. The affected agencies are required to obtain an open burning permit from the Division. Virtually all controlled bums are for wi1dlife habitat and range management; little slash/timbermanagement burning occurs. The Division believes existing smoke management techniques do not adversely affect visibility 

### in Class I areas. The subcommittee will address this issue to detenninehow smoke management should be integrated into the LTS. 

### Hnecessary, the existing agreements maybe revised during the LTS review process. The Division wiU continue to coordinate with the FLMs to insure that best smokemanagement teclmiques are employed. The FLMs declined to identifyintegral vistas (important views oflandmarks orpanoramas that extend outside ofthe boundries ofthe Class I areas and considered critical to the enjoyment of the areas). The Commission is therefore notrequired to address vistas but may do so under their own authority. The subcommittee shall detennine ifintegral vistas andlorother scenic vistas should be identified, and ifso, the criteriato be used for such identification. Any vistas shall be identified using the specific criteria developed bythe subcommittee. The Division is inprocess ofstudying PM 10 emissions and their role inthe formation ofDenver's brown cloud. Conceivably, such studies could lead to information and strategies related to visibilityimpairment. The subcommittee will address the integration ofthis component into the LTS. The FLMs and Division have not identified reasonably attributable impairment at this time, therefore the Commission will not address source retirement and replacement, construction activities, and enforceability ofemission limitations. Should the FLMs orDivision identify impairment from a specific source or small groups ofsources, the Commission will address these issues during the LTS reviewprocess. Each time the LTS isreviewed, the following six factors (at minimum) must be addressed. 1. Emissionreductions due to ongoing airpollution control programs. 2. Additional emission limitations and schedules for compliance. 3. Measures to mitigate the impacts ofconstruction activities. 4. Sourceretirement and replacement schedules. 

### 5. Smoke management teclmiques for agriCUltural and forestry management purposes including suchplans as currentlyexist within the State for thesepurpose, 

### and 6. Enforcement ofemission limitations and control measures.

PageS



### 5 CCR lO(tl-S 

### CODE OF COLORADO REGULATIONSII) 2002 Weil Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 181 AU Rights Reserved

Consultation with Federal Land Managers (FLMs) The Division as part ofthe implementation ofthis Regulation will send within 30 days ofits adoption written notification to the FLMs stating that the Division Directoris the official to whom any recommendations may be sent regarding Colorado's SIP for Class I visibility protection, including but not limited to: 1. Integral vistas to be listed bythe state; 2. Identification ofimpairment ofvisibility in any Class I area(s), and 3. Identification ofelements for inclusion in the monitoring strategy.
TheDivision will provide the opportunity for consultation with the FLMs, in person and at least 60 days priorto anypublic hearing on any element ofthe SIP. The Division is interested in the FLMs opinion regarding:
I. Assessment ofimpairment ofvisibility in any Class I 

### area, and 2. Recommendation on the development ofthe long-term strategy.

The FLMs may contact the Division Directorat anytime regarding the implementation ofthe SIP for Class I visibilityprotection. I.C. Adopted August20, 1992
Statement ofBasis, Specific StatutoryAuthority and Purpose
Revisions Concerning the Long-Term Strategyto Protect Visibilityin Class I Areas (Section XV.F) Authority
Colorado 

### Air Quality Control Act
The Colorado 

### Air Quality Control Commission's (Commission) authority to revise Regulation No. 3.XY.F, concerning the Long-Term StrategyReview ofColorado's State Implementation Plan for Oass I VisibilityProtection. is in the Colorado 

### Air QualityControl Act. Relevant sections are 25-7-102 Legislative declaration and 25-7-105(1}(alffi Duties ofcommission.
Federal Clean 

### AirAct
Additional authority for the Commission to make the regulatory revisions can be traced to the 1977 Amendments to the Federal Clean AirAct. Section 169(A) requires the federal Environmental Protection Agencyto promulgateregulations that in 

### tum require states to amend their State hnplementation Plans (SIPs) to provide for Class I visibilityprotection

- including a long-term strategyfor making reasonable progress toward the national visibility goal. On

Page 6



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 182

December 2, 1980, EPA released final regulations to states detailing the specific requirements

­ including the development and periodic revision ofa long-term strategy as specified by federal law.
Statement ofBasis and Purpose ofChanges to Regulation No. 3.XV.F
SectionXV.F.l.c
Commission Regulation 3 required a Long-Tenn Strategy(US) review/revision report from the Colorado AirPollution Control Division (Division) to the Commission everythree years following the effective date oftheregulation (November 1987). TheAugust 1992 LTS report from the Division is late in arriving to the Commission. Thepurpose ofthe regulatory change is to clarifywhen subsequentLTS review and revision report cycles will occur. Without a regulatorychange, the next L TS review would be due September 1993

- approximately a year from adoption ofthe August 1992 report.
fu orderto maintain the intent that a report isto arrive to the Commission, and ultimately EPA, at least everythree years and to allow the Divisionto getback on schedule with a report to the Commission in approximatelythree years, section XV.F. I.c was altered. Old language: (c) TheDivision shall prepare a report for the Commission on anyprogress made toward the national visibility goal since the last long-tenn strategyrevisions. The report will be made available on SeptemberFirst ofeverythird year following the effective date ofthis regulation. Thisreport shall include an assessment of:
New language (changes underlined): (c) The Division shall prepare a report for the Commission on anyprogress made toward the national visibility goal sincethe last long-tenn strategyrevisions. The report will be made available by SeptemberFirst at least everythird year following the submittal ofthe previous report. This report shall include an assessment of:
Section XV.F.l.c.vii
EPA regulations (CFRPart40 section 51.306)require that theLTS be reviewed in seven areas. There was a discrepancybetween EPArequirements and Stateregulations regarding the seventh item to be assessed. The purpose oftheregulatorychange is to bring CommissionRegulation No. 3 into conformance with EPArequirements.
Old language: (vii) Theprogress achieved in developing the components ofthe strategy.

Page 7



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 2002 Weil Publishing for the State of Colorado 25 CR 12, 12-02 

### Page 183 All Rights Reserved

New language (changes underlined): (vii) The need for BART to remedy existing impainnent in an integral vista declared since plan approval.l.D. Adopted November 19, 1992
ID. AdoptedNovember 19, 1992
Statement ofBasis, Specific Statutory Authority and Pwpose
Revisions to Regulation No.3, Common Provisions and Reguation No. 7
This Statement ofBasis, Specific StatutoryAuthority and Purpose complies with the requirements ofthe Administrative Procedure Act, C.R.S. 1973, Section 24-4-103(4) for adopted ormodified regulations.

The EPA has identified portions ofthe State's Prevention ofSignificant Deterioration and New Source Review (pSD and NSR) rules which do not confonn with the Federal rules. The State rules must 

### be at least as stringent as the Federal rules in order for the EPA to approve the State Implementation Plans. In addition, the State mustrevise the rules to include the addition ofnew requirements that were set forth inthe 1990Federal Clean

### AirAct. The EPA has also identified additional nonreactive volatile organic compounds, and a significant level for municipal waste combustor emissions. All ofthese revisions must be made for EPA approval.
The 1992 State Legislature revised the Colorado Clean

### AirAct to include new definitions and fee requirements. In addition, the revisions allow the Commission to make necessaryrevisions to the State's PSD and NSRrules, as described above. Specific Authority
The specific authorityfor this regulation is contained in the Colorado 

### Air Quality Control Act, 1992 as amended. Section 25-7-103 sets forth definitions for use in implementing the new Colorado Act. Section 25-7-105 (IXA)(I) requires the Commission to adopt into the State Implementation Plan all requirements ofthe federal act. Sections 25-7-105(1Xc), 203, 204, 205, 206,210 and 301 provide authority to adopt a PSD and NSRprogram in confonnance with the Federal and Colorado Acts. Section 25-7-105.1 sets forth the Commission's authorityregarding Federal enforceability. Section 25-7-106 (IXc) provides authority for adopting regulations which are applicable to entire state, oronly within specific areas or zones, oronlyto a particular pollutant. Section 25-7-114.5 sets forth time frames for the Division to review permit applications, andprocedures for owners and operators to demonstrate compliance with construction permits. Section 25-7-114.7 sets forth fee requirements. Commission action in promulgating these revisions is taken pursuant to Sections 25-7-105 through 25-7-109 and 25-7­ 114, C.R.s., as amended.

Page 8



### CODE OF COWRADO REGULATIONS 5 CCR 1001-5

### Page 184

Purpose
New Source Review Rules Regulation No.3 contains the pennitrequirements for major sources (Prevention ofSignificant Deterioration, PSD and New Source Review, NSR). The Common Provisions Regulation contains definitions that are used in the permit requirements ofRegulation No.3. ThePSD and NSRrequirements and definitions must 

### be equivalent to theFederal requirements. The EPA

### has identified theportions ofRegulation No.3 and the CommolTProvisions which 'do not conform to theFederal rules. 

### On October 17, 1991, the Commission adopted revisions to Regulation No.3 and the CommonProvisions, to address some ofthe EPA's concerns. Additional concerns remained, however, because some ofthem could notbe addressed until the Colorado Clean Air Actwas revised. 

### On May 27, 1992, the Governor signed Senate Bill 105, which revised the Colorado Clean 

### Air Act to allow the Commission to proceed with the remaining necessary revisions 

### to Regulation No.3 and the Common Provisions. Thenew Colorado Act is effective as ofJuly 1, 1992.
The 1990 Federal Clean 

### Air Actrevisions set forth additional revisions which mustbe made to all State PSD and NSRrules.
The Commission has adopted the necessaryrevisions which address the remaining EPA concerns regarding the State's PSD and NSRrules. These revisions are required to eliminate discrepancies between the State and Federalrules, and for approval ofour State bnplementation Plan. The required revisions are as follows. Regulation No.3
1. Theregulation previously allowed sources offugitive emissions to 

### be exempt from the NSR and PSD requirements. TheFederal Act does not allow the exemptions. Several sections throughout theregulation needed to be revised or eliminated:
Section I.E.

- Eliminate thereference to the definitions ofmajorstationary source and majormodification from the definition offugitive dust; Section 1.B.3.e. and f - Eliminate the references to fugitive dust from the definition ofmajor source; Section IV.D.3.b.(i)(B)

- Eliminate the fugitive dust exemption from the PSD rules; SectionXI

- Eliminate the fugitive dust exemption from increment consumption requirements.
2. Section 1.B.2, section (vii) ofthe regulation allowed sources which switched from oil orgas to a coal-derived fuel (shale oil) tobe exempt from the PSD and NSR

Page 9 .•

# ~

5 CCR 1001·5 CODE OF COLORADO REGULATIONS

# i c 2002 Weil Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 185 All Rights Reserved

requirements. This is not allowed under the Federal Act, therefore (vii) is removed from the definition ofmajor modification.
3. The new Federal Actrequires major sources in nonattainment areas obtain to offsets from sources that are also located in the same nonattainment area, unless a source outside ofthe area contributes to nonattainment in the area in which the major source is located. Section N.D.2.a(iii) is revised to add this new requirement.
4. The Federal Act does not allow major sources located in a "clean portion" ofa nonattainment areato be exempt from the NSRrequirements. Section N.D.2.c.(ii) is revised to eliminate the clean portion ofa nonattainment area exemption.
5. Section IV.D.3.e. required minor sources which contribute to the exceedance ofan ambient airstandard in a non-designated area (not designated attainment or nonattainment) to applybest available control technology. TIlls requirement was previously adopted to complywith the EPA's interim policy for the PM-IO ambient 

### air quality standards. The provision applied until the EPA was able to formally designate areas as attainment ornonattainment for PM-IO. Now that the EPA has designated areas, the PSD and NSR (nonattainment) rules apply and section IV.D.3.e. hasbeen removed. 

### 6. The regulation previously stated that certain permit conditions had to be removed from the permit upon issuance offinal approval. The conditions on a 

### final permit were limited to the list ofitemsrequired to obtain a pennit. The Federal Act requires thatpennits must contain all conditions necessaryto ensure compliance with all applicable requirements, and anyconditions necessaryto make limits on production rates, hours ofoperation. the potential 

### to emit, etc. federally enforceable. Thelanguage which limits the enforceabilityofpermit conditions after Final Approval 

### is removed from SectionIV.E.
7. The Federal Act does not allow automatic approval ofpennits ifthe State fails 

### to meet processing deadlines. The language whichprovides for automatic approval ofpermits ifprocessing deadlines are not met isremoved from section IV.F. Likewise. confidentiality determinations do not affect the time constraints in the regulation. Section

## vn isrevised to reflect this.
8. The new Federal Act does not allow reductions ofpollutants required to meet any Actrequirements 

### to be credited for use as offsets. Language is added to Section V.E.9 ofthe State's Emission Reduction Credit rules to clarifythis requirement.
9. The new Federal Act no longer limits the boundaries ofClass I areas to those that existed in 1977. Section VIII isrevised to eliminate thisrestriction.

Page 10



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 186

10. The Federal rules state that ifinnovative technologyis used by a PSD source, they are only exempt from the BACT requirements, not all ofthe PSD requirements, and that the consent ofgovernors ofother affected states mustbe obtained. Section

# xm previously exempted such source from all PSD requirements. The section is revised to clarifythis allowance.
CommonProvisions Definitions:
I. The EPA has added visible emission standards to applicable emission limitations underthe definition ofBest Available Control Technology. The State's definition is likewise revised.
2. Under the new Federal Act, Asbestos, Beryllium. Mercury, and Vinyl Chloride are nowregulated under new hazardous pollutantrequirements (Maximum Achievable Control Technology). These compounds are no longer subject to Prevention ofSignificant Deterioration (PSD) requirements (which wouldrequire Best Available Control). The definition ofsignificant, which determines when a source is subject to PSD, is revised to omit these pollutants.
3. The Federal rules do not allow an exemption from PSD and NSRrules for right of ways, pipelines, etc. The definition ofstationary source is revised to delete this exemption.
Non-Reactive VOCs:
On March 18, 1991, the EPA added five halocarbon compounds and four classes of perfluorocarbons to the list oforganic compounds which are negligiblyreactive, and thus exempt from regulation as Volatile Organic Compounds underRegulation No.3, the Common Provisions, and RegulationNo.7. In addition, the EPA revised the definition ofVolatile Organic Compound.
TheNon-reactive Volatile Organic Compound (VOC) list, as amended bythe EPA, is incorporated into RegulationNo.3, SectionIV.0.4, the CommonProvisions (definition ofNet Emission Increase, paragraph h.), and Regulation No.7. Section

## n.B. The State is not allowed to takecredit for controlling these compounds in our SIP. In otherwords, sources cannot use reductions ofemissions ofthese compounds to offset VOC emissions, and we are not allowed to include emissions ofthese compounds in our SIP inventory. TheEPA has determined that these compounds do not react in the atmosphere to produce ground level ozone. The EPA also revised the definition of"Volatile Organic Compound" to make slight clarifications. The definition in the Conunon Provisions and in Regulation No.7, Section 

### n.A.I. is likewise revised. Municipal Waste CombustorEmissions Significant Level:

Page 11



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 

### 2002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 187 All Rights Reserved

On February 11, 1991, the EPA promulgated New Source Performance Standards for Municipal Waste Combustors. In addition, the EPA promulgated "significant emission levels" for municipal waste combustor emissions. These significant levels are used to determine ifPSD requirements apply to major sources. The Commission revised the definition of"Significant" in the Common Provisions Regulation, to add the emission level for municipal waste combustor emissions. This addition is required in orderto conform with the Federal PSD and NSR rules.
Senate Bill 92-105 Revisions
Senate Bill 105 revised the Colorado Clean Air Act. The new Colorado Act contains some new and revised provisions which are relatively simple and straightforward, and which could therefore be easily adopted into Regulation No. 3 and the Common Provisions at this time. These particularrevisions were adopted to facilitate transition from the old Act to the new Act, and to eliminate confusion that could occur due to differences between the new Act and the existing regulations. The proposed revisions are as follows. Regulation No.3
1. Sections 

### N.B.3, 4 and 5 - The new Act gives the Division 60 days (instead ofthe previous 20 days) to determine ifan application is complete. In addition, the Division has 12 months to complete the application process for PSD construction permit applications (previously limited to 135 days).
2. Section 

### N.C.I.c

- Change the reference date for the definition ofhazardous pollutant. A new definition has been adopted in the new Act. The definition includes the list of 189 chemicals from the Federal Act, and an additional list contained in the Colorado Act.
3. Section N.H

- Change the procedures for granting offinal approval construction permits. Previously, the Division had only 30 days once a source commenced operation to inspect the source to detennine that all permit conditions were being met. The source now has 180 days to demonstrate compliance. Also previously, the Division could allow a source additional time to come into compliance before Final Approval was issued. Now the division must grant Final Approval or revoke the permit.
4. Section VI

- The new Act sets forth new fee schedules for permits, annual fees, and APENS. The permit fees have changed from a schedule based on the type of facility to $50 perhour for all applications. The Division cannot exceed 30 hours in processing time unless the applicant is first notified that 30 hours will be exceeded. The annual fees are no longer based on the nwnber ofsources at, or the size and complexity ofa facility. Instead annual fees are based on actual emissions. The APEN fee has changed from $60 to $75 for fiscal year 92.

Page 12



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 188

Common Provisions
1. Section I.C

- Incorporates the new Legislative Declaration ofthe new Act. The new declaration adds to the existing declaration that an accurate emission inventory is necessary for implementation ofthe air qualityrequirements.
2. Incorporates the new Acts definition ofAir Pellutant. The definition is the same as previous except thatprecursors are now also considered to be "airpollutants." Precursors canbe emissions such as nitrogen and sulfuroxides which can contribute to particulate matter emissions.
3. Revise definition ofEmission Control Regulation. The new definition is the same, except such regulations can now include work: practices and design, equipment, and operational standards. In 

### addition, such regulations which apply to hazardous pollutants must be consistent with the new Act requirements concerning hazardous pollutants.
4. Revise definition ofFederal Act to reference 1990. (previouslyreferenced 1911.) 

### 5. Revise the definition ofFederally Enforceable to indicate that the Division has authority to issue permits to synthetic minor sources. 6. Revise definition ofHazardous AirPollutant. The new definition includes the pollutants listed underthe Federal and Colorado Acts.
1. Refers to Adverse Environmental Effect, therefore this definition is added.
8. Add definition ofOzone Depleting Compound. The fee schedule requires the Division to charge fees for emissions ofsuch compounds, therefore the definition is added.I.E.
I.F. Adopted June 22, 1993
Statement ofBasis, Specific Statutory Authority and Purpose Revisions to Regulation No.3 regarding Construction Permits
This Statement ofBasis, Specific Statutory Authority and Purpose complies with the requirements ofthe Administrative Procedure Act, C.R.S. 1913, Section 24-4-103(4) for adopted ormodified regulations.

Page 13



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS02002 Weil Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 189 All Rights Reserved

The Colorado Clean AirAct requires stationary sources to report their emissions, obtain construction permits, and be subject to public notice before construction occurs. The Commission has authority to exempt sources from these requirements, ifthe sources do not have a significant adverse impact on air quality. Regulation No.3 has been in effect for approximately twenty years, and contains exemption lists for APEN and permit requirements. Based on twenty years ofexperience, the Commission believes it is appropriate at this time to revise the exemption lists to include additional sources which do not wverselyaffect air qualityin Colorado. 

### In addition, it is appropriate to revise the public notice requirements to address the sources for which is public comment is most likelyto be received.
The 1992 State Legislaturerevised the Colorado Clean AirAct to include new provisions concerning non-criteriapollutants. The Commission needs to address these provisions and revise the APENreporting. permitting, and public notice requirements regarding these pollutants.
A technical revision must be made to the definition of"significant,

.. contained in the Common Provisions, to address major sources in nonattainment areas, as required underthe Federal Act. Specific Authority
The specific authority for this regulation is contained in the Colorado AirQuality Control Act, 1992 as amended. The Legislative Declaration, Section 25-7-102, recognizes that an accurate emissioninventoryisneeded in order to adequatelymanage air resources in Colorado. Section 25-7-105 (l)(A)(I)requires the Commission to adopt into the State bnplementation Plan all requirements ofthe federal act. Sections 25-7-105(l)(c), 203, 204, 205, 206, 210 and 301 provide authority to adopt a PSD and NSR program in conformance with the Federal and Colorado Acts. Section 25-7-105(12) provides authority to adopt regulations to implement the emission notice and construction permit programs. Section 25- 7-106 (1)(c) provides authority for adopting regulations which are applicable to the entire state, oronlywithin specific areas or zones, oronlyto a particularpollutant. Seetion 25-7-109.3 provides authority for regulating non-criteria pollutants. Section 25-7-111 provides authority for the Division to administer regulations adopted bythe Commission. Section 25-7-114.1 provides authority for requiring APENS, and for allowing exemptions from the requirement. Section 25-7-114.2 provides authority for requiring construction permits, and for allowing exemptions from the requirement. Section 25-7-114.5 provides authority for requiring public notice ofconstruction permits. Commission action in promulgating these revisions is taken pursuant to Sections 25-7-105 to -109 and 25-7-114, C.R.S., as amended. Pmpose
Definition of"Significant"
The Common Provisions Regulation contains definitions that are used in the Prevention of Significant Deterioration (PSD) and New Source Review (nonattainment, NSR) permit programs

Page 14



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 190

ofRegulation No.3. ThePSD and NSR requirements and definitions mustbe equivalent to the Federal requirements. The definition ofsignificant lists emission levels at which modifications at major sourcesbecome subject to the PSD and NSR requirements. Currently. the language in the definition indicates that the emission levels onlytriggerPSD requirements. The definition is changed to indicate that the levels also apply to the NSR nonattainment rules.
APENRequirements

- General
This language is revised to clarifywhat emission estimates qtust beincluded ilt.an APEN (actual emissions for annual fee purposes, and requested amount for permit limits). 

### In addition, language is added to clarify that a source need notperform a stack test for the solepurpose of providing an APEN emission estimate. Other acceptable estimation methods are usually available for APENpurposes. 

### In some instances, it is possible that an emission factor may supply a more accurate estimate than mass balance calculations, and vice versa. 

### In such cases, a source may choose to use either mass balance, or emission calculations. Ifthe Divisionbelieves that estimates can bebetter made using the method ofthese two that the source does not choose, the Division mayquestion that sourceregarding the choice. The emission estimate includedin an APEN is not required to be an exact calculation ofemissions, butrather the source's best estimate, to the extent practical, ofemissions. As stated in the Legislative Declaration ofthe Colorado Air Quality Control Act, the APEN information is to be used to achieve the most accurate and complete inventorypossible, and to provide for themost accurate enforcement program achievablebased upon that inventory. The Colorado Clean

### AirAct states that APENs are valid for five years, unless a significant change in emissions occurs. Thisprovision 

### is added to the regulation. Language is added to clarifythat each unit is considered to be a "source" for APENpurposes. unless similar sources can be grouped together.
Emission calculations for purposes ofdetermining ifa de minimis emission level is triggered will be based on actual uncontrolled emissions. Sources will not be allowed to take credit for control devices in the deminimis calculationbecause the Commission has no method ofdetermining if the control equipment will be used, orused continuously and properly.
The Commissionbelieves there maybe cases where the source demonstrates that itis not feasible to estimate the control efficiencyofa device for non-criteriapollutants. 

### In such instances, the Commission gives the Division discretion to allow the de minimis level to be triggered based on actual, instead ofuncontrolled actual, emissions. New language is added regarding non-criteria pollutant APEN requirements.
Revised APENRequirements
The Colorado Act requires revised APENs to be submitted whenever a "significant change" in emissions occurs. The significant levels for criteriapollutants remain unchanged from the previous regulation, except that a significant level hasbeen added for lead emissions. For

Page 15



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 

### 2002 Wei! 

### Publishing for the State of Colorado 25 CR 12, 12-02 

### Page 191 All Rights Reserved

non-criteria pollutants, the significant change level is set at 50% or five (5) tons per year, whichever is less.
Sources should note that APENs must be submitted ifthe source begins to emit a pollutant which was previously not included on an APEN. Also, the Commissionmayadd pollutants to the list ofnon-criteria reportable pollutants. When chemicals are added, the Commission will determine the schedule for submitting new orrevised APENs to report the new pollutant emissions.
NOTE: Significant change criteria are used to report changes in emissions for inventorypwposes only. Ifa planned change in emissions requires a new permn, ormodification ofan existing permit (violates an emission limit, triggers PSD orNSR), then an APEN must be filed and the permit mustbe revised before the change at the facility occurs. Revised APENs for emission updates must be submittedbyApril 30 ofthe following year. The EPA requires states to update the emission inventorybyJuly 1 ofeach year, to include the previous year's emissions (Code ofFederal Regulations, 40 CFR 51.321). The Commission believes the April 30 date should give sources enough time to compile their inventory, and will also givethe Division enough time to updatethe systembyJuly 1. Sources should plan ahead and have as much oftheir inventorycompleted as possible before the end ofthe year. 

### In this way, the source would then onlyneed to add December, orat worst information for the last couple ofmonths ofthe year, to the data in orderto meet the April 30 deadline.
Revised APENs are required when a change in the type ofcontrol equipment being used is made. This allows the Commission to ensure that the new control equipment will meet the applicable requirements, and to verifythat actual emissions have decreased or increased due to the use of the new equipment. Oftentimes, stack tests are required to ensure that control equipment meets applicable requirements. 

### A change in the control equipment can affect this compliance determination. Revised APENs will notberequired for routine maintenance, repair and replacements. Theseroutine activities should not affect the effectiveness ofthe equipment.
Permit applications must include an APEN onwhich the owner oroperatorindicates what production oremission level the source wishes tobepermitted at. Anydesire to increase the permitted emission level requires the submittal ofa revised APEN, so that the Division can evaluate the change against theregulations beforemodifying the permit.
Portable Facilities
Revised APENs areno longer required when a portable source changes location. The Commissiondoes notbelieve it is reasonable to charge theAPEN filing fee each time a source moves. Portable sources 

### win still berequired to notifythe Division at least ten (10) days before relocating. This allows the Division to be aware ofa source's location ifany concerns regarding the source are raised bythe public.

Page 16



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS 

# I

### Page 192

Emergency and Backup Generators
Electric utilities may use emergency orbackup generators to ensure that blackouts do not occur in the electrical grid. These units are usually operated instead of, or for short periods in addition to, main utility boilers. Facilities which include the main boilers are usuallymajor sources, and therefore have a major source constructionpermit, orwill in the future have a major source operating permit. Once the facility is covered under oneofthese permits, the Commission sees no need for the owneror operatorto submit annual updates regarding the emissions from the emergencyunits.
Other emergency units are not located at the main unit facility, but are located individually in the field. These units will most likely obtain a synthetic minorpermit to avoid major source permit requirements, since operation is usually intermittent. Once such sources obtain a synthetic minor permit, the Commission again will not require the source to submit annual emissionupdates.
APEN Requirements

- Non-Criteria Pollutants
There are 363 non-criteria reportable pollutants. The Commission divided the pollutants in two major groups: those that are required to be reported in 1993, and those that have to bereported in 1994 and subsequent years. There are also two groups ofchemicals (Radionuclides and Polycyclic Organic Matter) whose reportingrequirements were postponed until such time as the Commission determines that they can be accurately quantified and reported.
APEN Requirements

- De Minimis Levels
All de minimis levels are based on uncontrolled actual emissions (except where the control efficiencycannot be estimated), as discussed above under General APEN Requirements.
APENs are required ofsources in attainment areas when the emissions ofany criteria pollutant from a source exceed two tons peryear (except for lead).
Sources in nonattainment areas must file when emissions ofany criteria pollutant exceed oneton peryear. Note that the pollutant being emitted above the de minimis level does not have to be a nonattainment pollutant. Anypollutant triggers the one ton peryear level, regardless ofthe pollutant's attainment designation.
Because the area is a growth area, and inversions occur in the area, a Grand Junction group requested that APENs be filed when emissions ofany criteria pollutant exceed one ton peryear. The Commission determined that hearings should be held in the Grand Junction area, and that Grand Junction should pursue their own rules. Language which would have treated Pueblo likewise is not included, due to requests from industries in Pueblo, and the Pueblo County Health Department.

Page 17



### S CCR to(U·S CODE OF COLORADO REGULATIONS

# I

c 2002 Weil Publishing for the State ofColorado 

### 25 CR 

### 12, 12-02 Page 193 All Rights Reserved 

# I 

# I

The de minimis level for lead in all areas is 100pounds per year. 

## f i Fornon-criteria pollutants, the Commission assigned eachpollutant to one ofthree "bins" based on information concerning the health effects ofthepollutant. The Commission also developed a series of

### three scenarios for an emission point based on the release_height ofthe pollutant and the distance from the release point to the propertyboundary. The reSUlting three bythree grid as well as instructions on how to apply itcan be found in Appendix 

### A. Note that future actions byEPA may effect the de minimis reporting levels for certain chemicals that appear on the EPA list of 189 toxic chemicals. 

# I i
APENRequirements

- Exemption List
Numerous new source categories have been added to the APEN exemption list. Each category was examined for its impact on airqualityin Colorado before being added to the list. Each 

# I categorywhich was added is believed to have a negligible impact on airquality.
The source category exemptions override the de minimis levels. Sources which fit into the category are exempt, even ifemissions exceed the de minimis levels.
Eachcategorywill notbe addressed individually in this statement, however the following categories deserve specific comment.
Fires and equipment used for cooking offood for human consumption: Not all cooking equipment has been exempted in 

### this category. The Commission has concerns regarding equipment in which grease from the food being cooked comes into contact with the flame ofthe equipment, thus leading to potential opacityandparticulate matter problems. TItis is especially ofconcern in PM-l0 nonattainment areas. TItis exemption applies onlyto noncommercial cooking and to food service establishments, such asrestaurants and cafeterias. The exemption does not apply to manufacturing facilities.
Fuel burning equipment: The design rate cutofffor fuel burning equipment has beenraised from 750,000 BTUlhourto 5 :M::MBTUlhour. The fuel use is still restricted to gas, and does not include oil orcoal, since the latter two fuels mayresult in significant sulfurdioxide emissions. Fuel burning equipment which uses gaseous fuel and which is used solely for buildingheat is exempt ifthe design rate 

### is below 10 MMBTUlhour. The Commission has determined that the emissions from the exempted unit, based on EPA AP-42 emission factors, are negligible.
Chemical storage areas where chemicals are stored in closed containers

...: TItis exemption only applies to the storage ofchemicals at qualifying facilities. The exemption does not include facilities where chemicals are loaded into orout of, ortransferred between, storage containers. Bulk storage tanks would not qualify for this exemption, since often the material is loaded and unloaded, and such tanks have vents from which emissions occurdue to breathing losses. See sections 11.0.Ln., ee., uu., ddd. and 

## m: for storage tank exemptions.

Page 18


### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS

### Page 194

The Commission will require APENs only for pollutants which are defined as "criteria" pollutants or "reportable non-criteria" pollutants (HAPs, CFCs, SARA 313). Any other pollutants such as carbon dioxide, methane, nitrogen, oxygen, do notrequire APEN submittals.
Aerosol Can Usage: There maybe instances where a source may exclusivelyuse large amounts ofaerosol cans, or mayuse large amounts in addition to otherprocesses. The Commission expects that these instances will be rare. lfthe Division, a local agency, or others discover such a source, and ifthe source emits amounts ofpollutants which are believed not tobe negligible, such concern canbe brought before the Commission as a request to require such source to file APENs and/or obtain a permit. (See discussion under "Adding and Deleting Exemptions," below)
Odorous emission sources: This exemption only applies 

### to odoremissions, and not

### to any other emissions ofcriteria ornon-criteria pollutants which maybe associated with the odor. This exemption does not absolve any source from therequirements ofRegulationNo.2 (regarding odorlimits). Ifa source emits anypollutant which is above an APEN de minimis level. the source must file an APEN. regardless ofodor.
Portable 5 mmbtulhour engines: One partyrequested that these sourcesbe exempt from APEN and permit requirements. The Commission has determined that sufficient evidence is not available to indicatethat emissions from these sources have a negligible impact on air quality in Colorado, therefore they are not exempt until such evidence is forthcoming. Laboratory equipment andpilot plants: The subcommittee for these rule revisions held extensive discussions regarding exemptions for laboratory equipment and pilotplant activities. More work is needed to define these activities, determine ifthe emissions are negligible, and ifsuch activities should be exempt from APENS, permits, orboth. The Commission recommends that subcommittee discussion ofthis issue continue, and that itbe addressed when Regulation No.3 isrevised to include the Title V operatingpermit rules (currently scheduled 

### to occurin Julyof 1993). Adding and DeletingExemptions
The Commissionhas delegated authorityto the Division for adding source categories and activities to the APEN and permit exemption lists. Ifanyperson believes that a source category oractivity should be removed from the exemption lists, because it is discovered that emissions have an impact on air quality orhealth that is not negligible, such person may at anytime go before the Commission to request that such source categoryoractivityberequired to file APENs and/or obtainpermits.
Oil and Gas ExplorationActivities 

### Oil and gas exploration activities are activities for which it is difficult for the owneroroperator to estimate what emission equipment will be required, and therefore what emissions will occur, until the exploration activities are already underway, and nearcompletion. Forthis reason, the

Page 19



### 5 CCR 1001·5 CODE OF COLORADO REGULATIONSc 2002 Wei! Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page-195 All Rights Reserved

Commission has extended a temporary exemption from APEN and pennit requirements for such activities. Before commencing exploration activities, the source must notifY the Division. Inthis way, the Division is aware ofthe activities and will be able to address anyconcerns that are raised by the public. Once an owner or operatorhas determined that an oil or gas well will be produced, and has :filed well completion information, the owner oroperatormust file an APEN and a permit application within 30 days ofthat completion filing. The permit application must indicate whatregulations are applicable to the source, and how compliance will occur, until the construction permit is issued. This helps the source and the Division to ensure that airpollution regulations are beingmet. Ifthe well will notbe produced, the source must notifY the Division so that the Division does not expend resources following up on unproduced wells.
APEN Reporting Deferrals for Source Categories
Due to ongoing studies aimed at quantifYing their emissions ofnon-criteria pollutants, the Commission has deferred APENreporting requirements for five source categories until six (6) months after the studies havebeencompleted orDecember 31, 1994, whichever is earlier. The categories are industrial boilers, municipal wastewater treatmentplants, publicly owned water treatment plants, municipal power generators ofless that ten (10) megawatts which operate for 250 hours or less peryear, and natural gas glycol dehydration units. The EPA is conducting studies regarding the first four categories. The oil and gas industryis conducting studies to quantifY emissions from dehydration units. This studyis currentlyunderway and is expected to be completed in the near future. In addition, sources which are not undergoing study, but which believe sufficient information is not available for estimatingtheir non-criteria pollutant emissions, maypetition the Division for deferral ofthose emissions until sufficient information is available.
HAP PermitRequirements Ofthe 363 non-criteria pollutants/compounds, 330 are defined as hazardous airpollutants (HAPs). Sources emitting HAPs are required to obtain permits ifthey are subject to Colorado MACf or GACf or the Federal Title

# m orTitle V provisions. Synthetic Minor HAP Sources
Some parties to the hearing requested that sources which emit HAPsbe allowed to avoid future MaximumAchievable Control Technology(MACT) and operatingpermitrequirements by obtaining "synthetic minor" permits. Thesepermits would contain federally enforceable limits which would keep emissionsbelow the levels which trigger the MACf and operatingpermit requirements. The Colorado Act appears to restrict synthetic minorpermits to criteria pollutants only. The subcommittee recommended that this issue be deferred to the HAP subcommittee which will meet in the near future to address Colorado MACT and otherHAP issues. Synthetic minorpermits for HAP sources are therefore not addressed in this revision.

Page 20



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 196

Permit Transfer ofOwnership
The partyto which a pennit is issued, whose name is included on the pennit, is legally responsible for ensuring that all conditions and tenns in the permit are met. Thepennit must contain the correct legal name, reflecting the correct responsibleparty, in case an enforcement action needs to be taken. In some cases, the legal name ofa company maychange, while no modifications are made to the equipment. In such cases, the source need only file a single APEN indicatingthe change. 

### In all cases, the Division must have on file an application and APEN fonn with the correct name ofthe responsible party, and includingthe signature ofthe person legally responsible for the infonnation.
Permit Requirements

- De Minimis Levels
Permit de minimis levels for criteriapollutants have been increased. Levels differbased on the attainment status ofthe area. 

### As for the APEN de minimis levels, the nonattainment area levels are triggered byany pollutant, notjust the nonattainment pollutants. Language which would have set permit levels for the Grand Junction area lower than the levels for attainment areas was not adopted. See discussion above under APEN de minimis levels.
Emissions are compared against the de minimis levels by adding emissions from all sources at the facility which are required to file and APEN. In some cases, a source mayinitiallybebelow the de minimis levels, but as new units are added to the facility, the de minimis level is eventually exceeded. At such time that addition ofnew 

### units causes thepermit de minimis level to be exceeded, the source must file a permit application for all units at the facility.
Permit de minimis levels for sources ofHAPs will be set at the time that the MACT orGACTfor that source category is determined.
Permit Requirements

- ExemptionList
A few new source categories havebeen added to the permit exemption list. 

### As for APENs, the source category exemptions override the de minimis levels.
Domestic wastewater treatment works: This exemption applies onlyto treatment facilities which handle wastewater strictly from domestic homes, orwastewater that is similar in nature. 

### Itdoes not include facilities which treat wastewater from municipalities orother sources. The facility maybe publiclyorprivately owned. Wastewaterotherthan domestic wastewater, including municipal wastewater, may contain contaminants from industryand other sources which would result in emissions which are much more significant than the emissions from domestic wastewater. Fuel burning equipment: Fuel burning equipmentwith a design rate less than 10M:MBTUlhour, using natural gas as a fuel, are exempt from permit requirements because this is the rate at which the New Source Perfonnance Standard for small boilers is applicable (Regulation 

## ···.ro. 6). 

# J Page 21



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 2002 Well Publishing for the State ofColorado 

### 25 CR 

### 12, 12-02 Page 197 All 

### Rights Reserved

Surface Mining Activities: 70,000 tons peryearis the production rate at which the Mine Land Reclamation Bureau exempts mining operations from MLRB pennit requirements. Oftentimes, these small operations are only temporary, in orderto provide material for highway construction projects. The source has often ceased operation before an Air PoJJution Control inspector can visit the source to determine compliance. Crushers, screens and otherprocessing equipment are not exempt because these activities maybe subject to specific air quality emission limit regulations. AppJicable Requirements Override APEN and Pennit Exemptions
To ensure that sources complywith all applicable airqualityregulations, an APEN orpermit exemption maynotbeused iftaking the exemption would allow a source to avoid any air quality regulation requirements. This provision applies tothe source category exemptions and to the de minimis level exemptions. Forexample, a source maynot claim that it is exempt from permit requirements becauseit has numerous sources which are below a de minimis level, ifthe potential emissions from those sources would exceed the PSD major source limit of 100 or 250 tons peryear. In such a case, the source would berequired to applyfor a PSD permit, ormust obtain a permitto limit its potential to emit. In orderto limit potential to emit, the permit must contain federally enforceable conditions which limit the physical or operational capacity ofthe source so that emissions are below the 100 or250 ton peryear level.
Sources which are subject only to the opacityor general fuel burning and manufacturing requirements ofRegulation No. 1 maytake any applicable exemption. Likewise, sources which are subject to the general RACTrequirements (but not the specific RACT requirements) of Regulation No.7, and sources which are subject to the current Regulation No.8 provisions, may take any applicable exemptions (i.e., they are exempt iftheir emissions are below de minimis levels). RACT for sources which would qualify for the APEN exemptions is usually "no control." Similarly, sources which are subject onlyto Regulation No. 1 opacity, general fuel burning, and general manufacturing requirements are exempt from permit requirements. Sources which are subject to Regulation 7, but which must adopt onlywork practice standards, are exempt from permit requirements iftheir emissions fall below the de minimis level (two tons peryear of VOC). Sources which are subject to State-only requirements ofRegulation No.8 are exempt from permit requirements. Regulation No.1, 7 and 8 sources whichtake APEN orpermit exemptions must still meet the regulation requirements, even though an APEN orpermit is not required. The provisions which would apply to these sources are fairly straight forward and cantherefore be easilyenforced by the Commission through the regulation, without requiring a permit. Public Notice Requirements
The criteria po11utant emission level at which a source in an attainment area must go to public notice has been increased from 25 to 50 tons per year (except for lead). In nonattainment areas,

Page 22



### CODE OF COLORADO REGULATIONS 5 CCR 1001·5

### Page 198

the level remains at 25 tons peryear. Lead sources are required to go to public notice when the**emiss~ons** exceed 200poundsperyear. The Commission has detennined that raising these levels will not impact the numberofpublic comments the Division receives. Any source requiring a pennit for HAPs is required to go to public notice.
Note that Section I IV.C.3 provides that the Division mayrequire any source tobe subject to public comment, ifit is detemrined that such source warrants public comment. The EPA requires that all sources subject to PSD orNSR go to public comment. 

### In addition, in orderto make limits on potential to emit federally enforceable, pennits containing such-limits must go to public notice. At this time, the Commission will use this section to ensuretheEPA requirements are met. Language will be added to clarifytheserequirements when the next revision to Regulation No.3 occurs (currently scheduledto occur in July of 1993).
I.F. Adopted July 15, 1993
Statements ofBasis. Specific StatutoryAuthority. and Purpose
Revisions to Regulation No.3
This Statement ofBasis, Specific StatutoryAuthority and Purpose complies with the requirements ofthe Administrative Procedure Act, C.R.S. 1973, Section 24-4-103(4) for adopted ormodified regulations.

The 1990 Amendments to the Federal Clean AirAct requires states to implement an operating permit program. This program is applicable to certain sources, andrequires the sources to obtain detailed pennits which are to be renewed every five years. Failure ofa state to implement an operatingpennit program will result in EPA sanctions, such as loss ofhighway funds and increased offset requirements for sources wishingto locate in Colorado nonattainment areas. 

### In addition. theEPA mayimplement the operatingpennit program ifa state fails to implement a program. The existing construction permitprogram will continue to exist, however changes havebeen made to the program sothat the two pennit programs (construction and operating) compliment each other. Specific Authority
The specific authority for this reguJation is contained in the Colorado Air QualityControl Act, 1992 as amended. Section 25-7-105(1)(A)(I) requires the Commission to adopt into the State Implementation Plan all requirements ofthe federal act. Sections 25-7-105(12) provides authority to implement the operating permitprovisions ofTitle V ofthe Federal Act. Section 25-7-105.1 sets forth federal enforceabilityprovisions. Section 25-7-106(6) provides authority

Page 23



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS<C 2002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 199 All Rights Reserved

for monitoring, recordkeeping and reporting requirements, Section 25-7- 109.3 provides authority for regulating hazardous air pollutants (HAPs). Section 25-7-111 provides authority for the Division to administer regulations adopted bythe Commission. Section 25-7-114.1 provides authority for requiring APENS, and for allowing exemptions from the requirement. Sections 25-7-114.2 through 114.5 set forth construction and operating permit requirements, and application and public participation requirements. Commission action in promUlgating these revisions is taken pursuant to Sections 25-7-105 to -109 and 25- 7-114, C.R.S., as amended. Purpose
NOTE: Subcommittee documents which discuss the issues and decisions regarding this regulation in detail, and provide fact sheets for various provisions, are available at the Division and Commission offices.
I. Operating Permit Program:
A. Who is subject to the Operating Permit Program?
1. Definition ofAir Pollutant
Sources with potential to emit· 100 tons per year ofany air pollutant must obtain an operating permit (these sources are referred to as 'major sources"). For purposes ofthe operating permit program, air pollutant means anypollutant for which an ambient air quality standard has been set (and their precursors), any pollutant which is regulated under the New Source Performance Standard regulations (NSPS, Regulation No.6), any Class I or Class 

## n ozone depleting compound, and anyhazardous air pollutant (all HAPs listed in either the Federal or Colorado Acts).
The Commission has detennined that it is not appropriate to use the Colorado Act definition ofair pollutant for operating permit purposes. TheAct defines air pollutant as being any substance emitted to the ambient air, except for water vapor. Since many substances occur naturally in ambient air, and others will never be subject to any air regulations, operating pcnnits are not needed for emissions ofsuch pollutants. Major sources ofany air pollutant as defined for operating permit purposes must obtain an operating permit, even ifno specific standard has been set for the particular air pollutant (see further discussion under "regulated pollutant," below).

Page 24



### CODE OF COLORADO REGULATIONS 5 

### CCR 1001-5

### Page 200

2. Major HAP Sources Sources which have potential to emit 10 tons per year or more ofa single HAP or 25 tons per year or more ofa combination ofHAPs are considered to be "major sources," and must obtain an operating permit, even ifno standard for the HAP has yet been set. Major sources ofColorado HAPs must obtain an operating permit. Permit conditions related to Colorado HAPs**~ll** 

### be treated as**s~~te** 

### only conditions (see further discussion below).
·Seedefinition ofpotential to emit, Part A ofthis regulation. Potential emissions are calculated assuming the source operates continuously, at full design rate, using no pollution control equipment. See additional information and details in subcommitteepapers (Group D, Synthetic Minors Issue Paper and Fact Sheet).
3. Fugitive Emissions Fugitive emissions must be included when determining ifa source is major for HAPS. Fugitive emissions mustbe included when using the 100 ton per year threshold (to determine ifthe source is major) ifthe source is listed, or ifthe source and pollutant is subject to anyNSPS orTitle

# m regulation. Fugitive emissions must be included as required for the Prevention of Significant Deterioration(PSD) and nonattainment new source review (NSR) programs. The Commission has not included language which exempts fugitive dust sources from the major source definitions at this time. Further investigation is occurring regarding HAP emissions from such sources, and discussions with EPA will continue to determine how to treat such sources. Once these activities are completed, the Commission will consider this issue.
4. Applicability Determinations
Sources are ultimatelyresponsible for determining ifthey are subject to operating permit requirements. The Small Business Assistance Program is available to assist small businesses in understanding the requirements, in determining applicability, and in complying with the requirements. No "applicability determinations" are available for other sources. The Division must recover the cost ofimplementing the operating permit program. Time spent reviewing informal requests for applicability determinations would not berecovered. Sources who believe they are

Page 25



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS(1) 2002 Weil Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 201 All Rights Reserved



# s. subject to the operating permit program should file an application. During the sixty day completeness determination, ifthe Division discovers that the source is not subject to the operatingpermit requirements, the source will be notified. In addition, ifthe source has obtained a construction permit, it will most likely have been determined then ifan operating pennit is required. Also, preapplication meetings with the Division are available to sources. All time spent bythe Division in reviewing applications will be charged to the source. Synthetic Minor Sources Existing sources are subject to the operating pennitrequirements. Some existing sources may want to obtain federally enforceable limits on their production rates or hours ofoperation, oremission limits in orderto avoid the operating permit requirements (known as synthetic minor sources because such limits are needed to make them minor). Construction permits can be obtained to keep emissions belowthe major source thresholds. Some existing sources do not have construction permits. Others may have construction permits which do not currently limit emissions below the major source thresholds. Sources may avoid the operating permit requirements byobtaining an emission-limiting construction

### penni!before they are required to apply for operatingpermits. Sources must obtain a synthetic minor construction permit before the November 1994 due date, or before one year after EPA program approval, whichever applies (see discussion below). Ifa synthetic minorpermit is not obtained before the applicable date, an operating permit application must be submitted.
TheDivision will review all existing construction pennits over a period of time as resources allow, to determine ifthe existing permits are federally enforceable. Inthe interim, theDivision will assume that all previously issued constructionpermits are federally enforceable.
New sources may likewise obtain synthetic minor construction pennits before they construct in orderto avoid the operatingpermit requirements. All synthetic minorpermits must go topublic notice in order to be federally enforceable (see discussion below).
"Once in always in" does not apply to the operating pennit program (howeverit does apply to the PSD program). Ifa major source has an operating permit and reduces its emissions below major source levels, the source mayapply for a synthetic minor permit in orderto cease being subject to operating pennit requirements.

Page 26



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 202

6. Minor Source Exemption
The EPA allows states to give minor sources subject to existing New Source Performance Standards (NSPS) a five year deferral from the operating permit requirements. Within five years ofthe approval ofany State program, the EPA will determine ifthe deferral shouldbe extended further, orifsome or all minor sources should be permanently exempt from operating permit requirements. 

### Ifthe EPA first approves any State program in November of 1994, this means that minor sources maybe exempt until Novemberof 1999. The EPA will decide ifminor sources subject to new MACT orGACT (Maximum orGenerally Available Control Technology) standards and NSPS should be exempt on a case by casebasis as the new rules are promulgated.
The Commission has exempted existing minorNSPS sources from the operating permit program at this time. New NSPS and MACT standards will be adopted by the Commission as EPApromulgates them, and at such time the Commission shall determine operating permit applicability.
7. Voluntary Operating Permits Any source which is not required to obtain an operating permit (minor sources) can request an operating permit, ifdesired. An operating permit allows minor sources to obtain the operational flexibility and permit shield provisions allowed in the operating permit program (note, however, that most ofthe operational flexibility provisions are available underthe construction permit program, see discussion under construction permit program section). The operating permit will replace the source's construction permit. A construction permit is a SIP requirement, and conditions in the construction permit are federally enforceable (except for state onlyconditions). All conditions inthe operating permit must therefore be federally enforceable. Operating permits which are issued to sources voluntarily applying will be subject to all ofthe operating permit procedural requirements (public notice, EPA review, etc.)
B. When are operating permit applications due?
1. Existing Sources
The federal act allows states to phase in processing ofexisting source applications over a three yearperiod. Onethird ofthe applications must be acted upon within each year after EPA approves the state's program. The program will be submitted to the EPAbyNovember 15, 1993. The EPA has one year to approve the program, therefore the Division must begin processing applications beginning No\"ember 15, 1994.

Page 27



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS

### c 2002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 203 All Rights Reserved

2. The Commissionhas directed the Division to divide the existing sources into thirds. One third ofthe existing sources must submit their operating permit applications byNovember 15, 1994. TheDivision will use the new APENinformation to identify the first third, and will notify the first third byNovember 15, 1993. The first third will consist ofthe least complex sources. The least complex sources should find it easierto prepare their operating permit applications, and the Division should find it easier to process these applications first. The Division will be able to identify any problems with the review procedures, etc. during the first year. NOTE: The Division cannot issue an operating permit until the EPA has approved the program and is thus ready to begin receiving permits for review. The Division will therefore "hold" applications processed during the first year until the EPAis ready to accept them for review. Once EPA has reviewed and approved the permits, the permits canbe issued.
Theremaining existing source applications will be due one year after the EPA approves the state's program. TheDivision will provide notice ofthe EPA approval date and sources are responsible for submitting their applications on time.
The Division must determine ifeach application is complete 

### within 60 days ofreceipt. This maynot bepossible during the three yearphase in, as many applications will be received at once. TheDivision will make its best effort to makethe completeness determination for all pennits within 60days. 

### Ifthe Division fails to do this, the application shield applies, and the Division cannot enforce against the source for failure to have a complete application on file. The Federal rule provides, however, that the Division 

### has the authorityto ask for additional information at anytime during the process, and to set a reasonable date bywhich the information mustbe submitted. 

### Ifthe source fails to submit the additional information bythe due date, the application shield no longer applies. The Commission is confident that under these provisions sources and the Division can effectivelyworktogether to ensure that applications are processed in a timelyfashion.
New Sources and Relationship 

### to the Construction Permit Program
New sources whichwish to locate in Colorado must obtain a construction permit, or a combined construction/operating pennitbefore commencing construction. The source maychoose to obtain a construction permit or a combined permit.

Page2S



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 204

Page 29



### 5 CCR 1001-5 Sources which choose to obtain a construction pennit must apply for a construction pennit according to the provisions ofPart B ofthis regulation. Once a construction pennit is obtained, the source can commence construction and begin operating. Within 180 days of commencing operation the source must undergo a "final approval" inspection to demonstrate that all pennit conditions are being met. Within 12 months ofcommencing operation, the source must apply for its operatingpermit. Once a complete operating pennit application is submitted, the source can continue to"'Operate under its construction pennit until it receives its operating permit.
Sources which choose to obtain a combined construction/operating permit must apply for such pennit before commencing construction. The application for a combined permit must contain all ofthe required information for an operating permit. The Division will issue the pennit, which will essentially

### be an operatingpennit. The source can then commence construction and operation. Within 180 days ofcommencing operation, the source must demonstrate compliance with all permit conditions (this 180 dayrequirement will be a permit condition, and the appropriate hourlyprocessing fee will 

### be charged for the associated inspection). The source continues to operate under its operating pennit and no further action is required until permitrenewal.
The procedures for obtaining construction permits are not as intense as those required to obtain an operatingpennit. More extensivepublic and EPAparticipation is required in the operating pennit process. In 

### addition, more information and requirements must be incoIporated into an operating pennitthan into a construction pennit. Nevertheless, it may

### be advantageous for sources to combine the processing ofthese two types 

### of pennits in order to avoid duplication ofeffort.
The advantage ofa combined permit is that an additional application step is avoided. Sources should note, however, that an operatingpermit application requires more specific infonnationregarding compliance monitoring, recordkeeping, etc., than a construction pennit application. Sources which choose to obtain an operating permit before construction must 

### be able to supply all ofthe required infonnation for a complete operatingpennit application.
Sourceswhich choose to obtain an operating pennit before construction will be subject to the operatingpennit timeframes for processing instead ofthe shorter construction pennit timeframes. Construction permit applications can takeup to 90, 135, or 365 days, depending on type 

### and size ofsource. Operatingpennit applications can take up to 540 days. Construction pennits require public notice and opportunity for comment



### CODE OF COLORADO REGULATIONS02002 Weil Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 205 All Rights Reserved

only for sources emitting more than 25 or50 tons/year ofany criteria pollutant, and requires opportunity for public hearing for Prevention of Significant Deterioration (PSD) sources only. Theoperating permit program requires public notice and opportunity for hearing for all sources. Ifthe programs are not combined, a source may have to undergo public notice twice, onceunder each process. PSD sources mayhave to undergo public hearings twice. The EPA onlyreviews certain applications and draft permits under the construction permit program, and usually does so during the public commentperiod. The EPA is allowed 45 days to review draft operatingpermits nearthe end ofthe process, and then the Division has 

### 90 days to revise the pennit, ifnecessary. Sources should considercarefully their confidence in their ability to operate 

### as expected orplanned after construction before choosing to obtain a combined permit.
3. Application Shield
Once a source 

### has submitted a complete operating permit application the source is protected from enforcement action for operating without an operating permit, and can continue to operate until the operating permit is issued.
Sources which submit an application for a combinedpermit maynot construct the source until theyreceive theircombined permit.
C.· Whatmust be addressed in operating permit applications and permits?
1. Configuration and Grouping ofSources
Total emissions at an entire site (including fugitive emissions at listed and HAP sources) must be considered to determine ifa source is subject to the operating permit requirements. Once a source is subject, however, the owner oroperatormay choosehow many operatingpermits to obtain for the source. A single permitmaybe issued for the entire source, or individual permits maybe issued for individual units, buildings, processes, etc. For example, research and development activities maybe permitted separately from therest ofa facility, in order to take full advantage ofthe operational flexibility provisions for constantlychangingresearch and development activities. 

### In addition, portions ofa source couldbe covered under general permits. See discussions belowunder operational flexibility and general permits.
The configuration for operating permits may, but is not required to, conform with the wayin which a source chooses to file APENS. For

Page 30



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 206

Page 31



### 5 CCR 1001-5 example, a source may file separate APENs for all ofthe units at its facility, but a single operating permit can be 

### obtained. Similarly, a source may file grouped APENs for similar units at its facility, and the operating permit could contain a general statement that the types ofunits exist at the facility, and could then state what the applicable requirement and associated monitoring, recordkeeping and reporting requirements are for that group ofsources. The permit does not have to list the requirements separately, and the monitoring, recordkeeping and reportingrequirements canbe tailored to meet the needs of

### tht source and the Division for that group ofsources. SPECIFIC EXAMPLE: Numerous degreasers are located throughout a facility which is located in the ozone nonattainment area (metro-Denver). A grouped APEN is filed for all ofthe degreasers. Since Regulation No. 7 applies to the degreasers, theymust be addressed in the operating permit. The operating permit choices are: 1) obtain an operating permit for the degreasers only, separate from the rest ofthe facility; 2) obtain a single permit for the whole facility, and include a general statement/applicablerequirement condition as described above for the degreasers; 3) obtain more than one operating permit for the facility, placing the degreasers in whateverpermit(s) the owner oroperator chooses. The Commissionbelieves substantial flexibility is available for issuing operating permits that the source can most efficientlydeal with, while still meeting the Clean 

### AirAct requirements.
2. "Regulated Pollutants"
Once subject to operating permit requirements, a major source must include all applicable requirements and emission units in their application and must address each "regulated pollutant" associated with the source (except for insignificant activities, seebelow).
The definition ofregulated pollutant is tobe used strictly for determining whatmust be addressed in an operating permit once a source is required to obtain the permit. The definition ofregulated pollutant 

### has nothing to do with the definition ofmajor source. (See discussion above, regarding the definition ofairpollutant).
Pollutants to be addressed inthe application include each pollutant for which an ambient standard has been set (and precursors to such standards, such as volatile organic compounds), ozone depleting chemicals (CFCs), any pollutant subject to a standard underregulation No.6, and any pollutant subject to a standard under the HAPsrequirements (including Colorado HAPs). "Regulated HAPs"



### CODE OF COLORADO REGULATIONSII) 2002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 207 All Rights Reserved



### 3. Note that a HAP must be subject to a standard before the applicant is required to address it 

### in the permit application. Once the EPA adopts a MACT standard for a particular HAP, all sources, even those not subject to the particular MACT standard, and even those not in the source category, must address that HAP in applications. 

### In cases where the Commission orDivision determines MACT on a case-by-case basis because the EPAhas not, the HAP becomes regulated onlyfor the particular source subject to the case-by-case standard. Once the EPA promulgates the list of 112(r) (accidental release) pollutants, those pollutants will be considered 

### to be "regulated" for all sources. Fees
The definition ofregulated pollutant contained in Part A ofthisregulation is not used for fee purposes. The Colorado Act specifically sets forth which pollutants are to be assessed fees, and the fee pollutants are set forth in section VI ofPart A. A pollutant does not need to be subject to a standardbefore the Commission can assess fees. Insignificant Activities
Once subject to operating permit requirements, a major source must include all applicable requirements and emissionunits in their application and must address each "regulated pollutant" associated with the source except for activities which the Commission has determined are "insignificant." This regulation sets forth to what extent each activity or piece ofequipment at a facility needs to be fully described and included in an operating permit.
The Commissionhas tailored the insignificant list after the AirPollution Emission Notice (APEN) and construction permit exemptions, to promote consistency and reduce confusion. The lists are repeated in Part C ofthe regulation, for convenience. The activities and sources listed inthe APEN and construction permit exemption sections are considered to be insignificant activities, with two exceptions. The lowerAPEN emission de minimis levels are used instead ofthe higher construction permit de minimis levels for insignificant activitypurposes. Since the permit de minimis levels apply to the facility, the Commission does notbelieve it is appropriateto use the permit levels. The APEN 

### 5MMBTU perhour boilerdesign rate is controlling, rather than the higher 10 MMBTU per hourpermitboiler exemption. All boilers with design rates greater than 5 MMBTU per hour must be addressed in the application and operating permit.

Page 32



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS

### Page 208

Page 33



### 5 CCR 1001-5 Exemptions based on emissions, size orproduction rate must still be listed in the permit. Enough information must be submitted inthe application just 

### to identifY the equipment as qualifYing for an exemption. 

### An asterisk appears next to each activity listed in Part C which mustbe listed in the application. Applications do not have to list activities which are exempted based on category. Applications cannotomit information needed to determine the applicabilityof, or to impose any applicable requirements on a source. In addition. the exemptions cannot interfere with fee determinations. Since the mechanism used to assess fees is the APEN and not operatingpermits, this should notpose a problem for purposes ofinsignificant activities.
The Commission has added APEN exemptions for research and development and laboratory activities. The exemptions apply to small research and development facilities, and to lab activities which the Commissionhas determined have a negligible impact on airqualityin Colorado. Owners and operators ofresearch and development facilities which are subject to APENreporting are expected to report emissions from samples received from clients for evaluation. but only to the extent the information is available. The Commission believes that facilities which accept material for evaluation should have someresponsibilityand knowledge regarding what is being accepted.
Research and development facilities may continually change the types of projects under investigation, therefore the control efficiency ofequipment maynot always beknown. The Commission has determined that research and development facilities maybaseAPENreporting thresholds on actual instead ofuncontrolled actual emissions. In addition, since owners and operators ofsuch facilities do not alwaysknow in advance whatprojects willbeundertaken. the Commission has allowed such sources to report emissions after the fact, in annual APENupdates to the inventory.
Research and development activities are prime candidates for thetypes of operational flexibility allowed in this regulation (see discussionbelow). The Commission encourages research and development activities to use the operational flexibility provisions.
Someofthe activities were described in the Statement ofBasis and Purpose for the Commission's May 1993 Regulation No.3 hearing. Parties 

### to this hearing have asked for clarification regarding some ofthe provisions.



### CODE OF COLORADO REGULATIONSc 2002 Weil Publishing for the State ofColorado 25 

### CR 12, 12-02 

### Page 209 All Rights Reserved

The emission levels for triggering APEN reporting requirements are based on uncontrolled actual emissions. The Commission recognizes that in some cases, "uncontrolled" emissions is not easilydefined. Forexample, the uncontrolled emissions from a degreaser maybe subject to interpretation. The emissions from this type ofoperation depend on how often it is used and how fast objects are cleaned in the unit. Uncontrolled emissions could possibly mean that a person is standing at the degreaser using the machine continually, and as rapidly as is humanlypossible. The Commission recognizes that calculatwn ofemissions for.this and similar operations involves somejudgement, and will take into consideration reasonable assumptions used in detennining uncontrolled emissions.
The exemption for land development (less than 

### 25 acres in size and 6 months in duration) applies to all land clearing activities, such as preparation ofland for housing development, orpreparation ofland for oil and gas activities to occur. As stated above, insignificant activity exemptions cannot be used ifit, would result in an applicable requirements being avoided. The EPA requires all applicable requirements to be addressed in operating pennits. Similarly, APEN and construction permit exemptions carmot be taken ifan applicable requirement would be avoided. The Commission has given certain sources an exemption from the applicable requirement provisions, for APEN and construction pennit purposes. For example, a source which is subject to Regulation No.7, but not to a specific source category requirement ofregulation No.7 (I.e. the source is subject onlyto a case by case RACT determination), may take the APEN exemption based on the I ton per year de minimis level. The Commission has determined that RACT for such small sources is usuallyno control. Forconstruction permits, a source may take an exemption ifit is subject solely to a work practice standard ofRegulation No.7. Forexample, degreasers used in the ozone nonattainment area (metro-Denver) are subject to a specific section ofRegulation No.7. which requires covers and proper operation. Degreasers in the ponatWnment area are subject to a specific section of the regulation, therefore they must file APENs, however since the section only requires work practice standards, no pennit is required ifthe emissions are below the permit de minimis levels. It should be noted that since an applicable requirement exists, the degreaser and associated work practices must be addressed in the operatingpennit. Degreasers in the rest ofthe State are exempt from APEN and pennit requirements ifthey are below the de minimis levels. Note that the EPA is required to set Maximum Achievable Control Technology (MACT) limits for degreasers in 1994. When the Commission adopts the MACT standards for degreasers, all degreasers subject to the MACT standard will be required to file APENs and obtain pennits. 

# I I f**~:**

Page 34



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 210

4.

5.

6. InapplicabilityDetenninations Operating pennits must list all applicable requirements and must state how continuous compliance with the requirements will be demonstrated. The source is provided with protection from enforcement as long as each pennit condition and compliance requirement is met (known as the pennit shield). The source may wish to obtaifl enforcement protection for regulations which do not apply. 

### In such cases, the application must identifY which regulations do not apply to the source. Theseregulations will then be identified in thepennit, and the pennit shield will apply.
This protects the source in the event that a mistake is made and the regulation really does applyto the source. The source is protected from enforcement action until thepennit canbereopened and the correct requirements inserted. Application Fonn and Checklist Operating pennit applications must contain a lot ofcomplex infonnation, including identification ofall applicable (and inapplicable, ifthe pennit shield is to apply) requirements. This can be a daunting task for the applicant. The Commission has directed the Division to develop checklists for use bythe applicant. One checklist will identifY all data that must be included in an application. Another checklist will identifY all air regulations. The applicant canuse the latter checklist to identifywhich regulations apply to their source, and which don't.
The Statemust submit an application form to the EPA along with the operatingpermitregulations. The Commissionhas directed the Division to develop an application fonu. taking into account suggestions and comments from the public.
SIP Equivalency
The Commission has detennined that it is appropriate to allow sources to set forth procedures in their pennit that will show that a SIP limit is being met through methods that are equivalent to. butdo not exactlyfollow. procedures set forth in the SIP.
Forexample. suppose a source is required to meet a volatile organic (VOC) compound limit by using a coating that does not contain more than a certain amount ofVOC. The source could propose to meet the limit by

Page 35



### 5 CCR 1001-5 CODE OF COWRADO REGULATIONSc 2002 Weil Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 211 All Rights Reserved

some other means than using such a coating. Their application would set forth quantifiable, replicable, accountable procedures that would showthat they could still meet the limit even though they would not be using the required coatings. Such procedure could consist ofusing control equipment, or using a combination ofcomplying and noncomplying coatings for which the average emissions would meet the VOC limit. Monitoring, recordkeeping and reporting procedures would be set forth in the permit. Theprocedures must be sufficient to show continuous compJiance with the underlying applicable requirement.
This procedure allows sources to showcompliance through alternative methods without having to go through the Commission and the EPA for a casebycase SIP revision. The EPA would review the process during its 45 dayreview period. Thepublic would have opportunity for comment and hearing.
NOTE: This procedure overrides the requirement in RegulationNo.7, which states that all such alternatives will undergo a casebycase SIP revision.
7. 112(r) (Accidental Release) Requirements Operating permits must address any requirements established underTitle 

## m(hazardous airpollutants) ofthe Federal Act, except that the accidental release plansrequired under section l12(r) do not have to be incorporated into the pennit. Thepermit must merely state that the source is required to submit a plan to the appropriate entity. The Commission cantake enforcement action against a source for failure to submit a plan. Enforcement action cannot be taken for failure ofthe source to meet anyof the requirements contained in the plan. 

### 8. Compliance Monitoring Operating permits must contain monitoring sufficient to demonstrate compliance with the applicable requirements. Methods and procedures maybe set forth in the applicable requirements. 

### Ifmethods and procedures in the applicable requirement are insufficient to demonstrate compliance, the operating permitmust "fill the gap" by specifying appropriate methods. Compliancemethodsmaybe as simple as recordkeeping, ormayrequire continuous monitoring equipment. The source must state in their application how they will demonstrate compliance. The Division reviews this proposal and agrees with it or recommends something else. The Common Provisions provides the Division with the authority to require monitors. The Division has used, and will continue to use, best engineeringjudgement to determine when

Page 36



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 212 

# J

Page 37



### 5 CCR 1001-5 monitors are necessary and feasible. The Commission has determined that in some instances it maybe appropriate torequire continuous emission monitors, even in cases where the applicable requirement does not specify monitors, and that sufficient opportunity for discussion and appeal are available tothe source, therefore monitors can be required even ifthe applicable requirement does not specifically require monitors.
The EPA is in process ofdeveloping and promUlgating theirenhanced monitoring rules. These rules may**~ak** specificallyto continuous monitoring. The Commission win take into account this new rule and determine ifthe operating permit monitoring requirements should be revisited once the EPA rule is promulgated. ByJanuary 1994, the EPA will publish a list ofexisting rules whichdo not contain sufficient monitoring orrecordkeeping methods, and will develop criteria that could be used to detennine what is sufficient. Afterthe rules are identified, the EPA wi)) proceed to revise the rules to make them sufficient. The need for "gap filling" will then decrease.
9. Compliance Certifications
Each operating permit application mustbe accompanied by a "compliance certification" indicatingthat all information presented is true and accurate. The certification must be signed bya "responsible official," usually a CEO, ofthe company. Likewise, compliance certifications must be submitted every six months, indicating the compliance status ofthe source. Such certifications must also be signed bythe responsible official. The burden is on the source owner or operator to ensure that all permit conditions are addressed in the certification, and all information is complete and correct. The Commission's definition of"responsible official" allows delegation of responsible official authority to plant managers undercertain conditions, including prior approval from the Division.
1

### O. Recordkeeping and 

### Reports
The operating permit must contain all recordkeeping necessaryto ensure compliance with the applicable requirements. The Federal Act requires such data tobe maintained for five years. The Commission has determined that sources need not keep a full five years ofdata on site for inspection review. Instead, sources are required to make immediately available to the Commission or Division data for the past year, along with the compliance certifications for the past five years. The actual data for



### CODE OF COLORADO REGULATIONSc 2002 Wei! Puhlishing for the State of Colorado 25 

### CR 12, 12-02 

### Page 213 All Rights Reserved

the remaining four years must be provided to the Commission orDivision within 48 hours ofrequest.
Monitoring data must be reported at least every six months.
The Commission will allow sources flexibility in determining what records are appropriate, and in determining the schedule for reporting, in order to allow coordination with other-reporting requirements (such as Community Right To Know, etc.). Such flexibility is allowed provided the requirements ofthe Clean AirAct are met. Malfunctions and emergencies

- The Commission has adopted the Federal provisions for emergency and malfunction protection, except that sources arerequired to provide oral notice within two hours ofthe next working day, and written notice with one month after the emergency occurs. Past experience indicates that sources will most likely not be able to meet the EPA's recommended two day written notice.
The Commission does not include continuous monitor malfunctions in the emergencyprovisions. The emergencyprovisions serve to provide an absolute defense ifan applicable requirement is violated. Since the Commission cannot teU ifa source is in or out ofcompliance with an applicable requirement when monitors malfunction, it is not appropriate to include monitor malfunctions in the emergencyprovisions. Monitor malfunctions which would violate provisions which set specific operating conditions and specifications for the monitor, however, could be granted the emergencyprotection for those specific performance conditions, if such malfunctions were due to unforeseen circumstances and reported as set forth in the emergencyprovisions. The Commission has determined that extra protection for monitor malfunctions is not warranted, as procedures and specifications for monitors include performance requirements whichtake into account the inherent operational fluctuations and abilities ofthe monitors.
Sources must report any exceedances ofstandards which are not due to malfunctions oremergencies "promptly." The Commission has determined that including such deviations in the six month monitoring report is sufficient. This will not impair the Division orCommission's authority to assess penalties regarding the deviation.
Public Availability ofReports: Copies ofall reports and compliance certifications will be made available at the local health departments. As always, such information is available at the Division offices.

Page3S



### CODE OF COWRADO REGULATIONS 5 CCR 1001-5

### Page 214

Page 39



### 5 CCR 1001-5 II. State-Only Conditions Certain Commission regulations are not part ofthe State Implementation Plan, and therefore are not federally enforceable. The Commission has given sources the option ofincluding state only conditions in operating permits, orofmaintaining such conditions in a separate construction permit. This option is available for all state-onlyconditions except those pertaining to major Colorado HAP sources. Major Colorado HAP sources are required by statute to obtain an operating permit. "State-only" conditions will be 

### listed separately from federal conditions in operating permit. (Sources which aremajor for federal HAPs must obtain an operatingpermit, and provisions pertaining to the federal HAPs are federal. not state conditions.)
Since the operatingpermit is meant to be used as an aU-encompassing document for sources and the Division. the source maywant to refer to only one document to determine what needs to be 

### done to remain in compliance. Ifthe conditions are included in an operating permit. the source maychoose whetherornot to have the permit shield, operational flexibility, and other operating permit allowances and requirements apply to the conditions. State-only conditions do not have to undergo the same procedural requirements as other operating permit conditions. Affected state and EPA review is not required. Currently. the following regulations are state-onlyrequirements: odor Regulation No.2, municipal waste combustor Regulation No.6, Part B. Future Colorado 

### MACT/GACT standards will be state-onlyrequirements.
12. Confidentiality Applicants are allowed to classifycertain information asbeing confidential in terms ofproduct orprocesses. In 

### no case may emission information be kept confidential, and in no case may compliance certifications bekept confidential.
Records and reports maybekept confidential, however, instances where this will be allowed will most likelybe

### rare, since emissions data or information related to emissions data maynot bekept confidential.
The current confidentialityprovisions and procedures remain in effect, however the Commission has directed the Division to examine the provisions and procedures and to recommend improvements.



### CODE OF COLORADO REGULATIONS

### c 2002 Wei! Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 215 All Rights Reserved



### D. How Long Does It Take To Obtain the Permit?
1. Completeness Review
The Division has sixty days from receipt ofan application to determine if all information necessary to process the application are included. Ifthe application is incomplete, the Division must notifythe source and request the additional information. Additional information must be submittedby the applicant within a reasonable amoont oftime. Oncea complete application is received, the Division must act on the application within 18 months. TheDivision must analyze the application, prepare the permit, and ensure that all ofthe procedural steps as set out below are met. Once all requirements are met, the Division will send the source its fee letter, and will not issue the permit until all applicable processing fees are paid. The fee lettermustbe sent within 18 months ofreceipt ofa complete application. 

### 2. Public Notice and Hearing
Oncethe Division analyzes the application and prepares a draft permit, the permit and application must undergo a thirty daypublic notice. Ifa hearing is requested during the public notice, thirty day notice ofthe hearing must

### be provided, and thehearing must occurwithin sixtydays of the notice.
The Commission has provided an opportunity for sources to respond to anypublic comments received. This source response in no wayaffects the 

# I
Divisionts time constraints for issuing the permit, nor does it affect the permit which the Division ultimately issues. 

# I

3. Affected State Review During the public notice, a copy ofthe draft permit will also be sent to any 

# t

• affected, nearby states, for their review.
4. EPA Review
Oncepublic notice and hearing are completed, the Division will make any necessaryrevisions to the draft permit, and will submit a proposed permit 

# I

to the EPA for their review. TheEPA has 45 days to review the permit. TheDivision then has up to 90 days to make any necessary revisions to the permit to address EPA concerns, before the permit can be issued. 

## I 5. Copies ofApplication 

# f

Page 40 

### i.

# I t CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 216

The applicant must provide a sufficient number ofcopies ofthe application for submittal to the EPA, affected states and public notice, including copies for County Commissioners.
E. Renewals
1. Renewal Application Content Operating permits must be renewed every five years. Renewal applications must undergo all ofthe review procedures (public notice, EPA review) as the initial operating permit. Applicants may incorporate byreference anyprevious application material orpermits for portions ofthe operation which will not change from the initial application. The renewal application may onlyaddress operations whichwill change and which will require new permit terms orconditions. Copies ofall material incorporatedbyreference must be included with the renewal application. All material must be provided for public comment, affected state review, and EPA review. 

### 2. Renewal Application DueDate
The federal rule states that permitting authorities should be able to process "90%" ofrenewal applications within six months. The federal rule does not mandate that statesprocess renewals within six months. The rule gives states flexibility to require applications for renewals, and specifically states that other timesmaybe approved, which are necessaryto issue the permit before it lapses. The application can be due as soon as 

### 18 months before expiration, and as late as six months. Renewedpermitsmust be issuedbefore the old permit expires.
As described above, thepublic comment, hearing notice, hearing, EPA review, andrevision periods required in the Federal rule take up 220 days, or approximately seven and a halfmonths. The time allotted for these activities is fixed in the Acts and rules (except for the time allowed for States to revise draft permits, based onEPA review). The amount oftime for actual review ofthe application itselfvaries depending upon the type ofapplication. A breakdown ofthe allotted times follows:
Public Notice: 30 days Hearing: 60 days EPAReview: 45 days Division Response: 90 days
TOTAL 220 days

Page 41



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSCo 2002 Well Publishing for the State ofColorado 25 

### CR 12, 12-02 Page 217 AU Rights Reserved

Two hundred and twenty (220) days is the minimwn required. No time is allotted for revising thepermit between each step as necessary, nor for transmitting the permit from one step to the next. The 220 days is required for public notice and EPA review only, it does not include any time for the Division to actually review the application and draft a permit.
Sources are allowed to seekjudicial review ifa permit isnot issued in time. This could potentiallyresult in""asted Division 

## aria court resources dealing with an impossible situation. In addition, the EPA maydetermine that the program is not adequate ifthe Division continually fails to issue renewed permitsbefore expiration. Finally, ifpermits are not issued in time, the EPAcan,revoke and reissue permits, orcan terminate the permits, in which case the source's right to operate ceases. Given that the notice and review procedures alone take 220 days, and the allowed flexibility, and therequirement that renewed permitsbe issued before expiration, the Commission has determined that it is not reasonable to allow renewal applications to be submitted as late as six months before expiration. Nine months maybe adequate ifhearings are not requested for suchrenewals, however, no orie can predict how many applications will or will not require public hearing. 

### It would not make sense to accept applications only six ornine months before expiration, knowing that ifa hearing is requested, the new permit will notbe issued before expiration. The twelve months will give the Division sufficient time to review the application, and in addition, will give the source some timeto ensure that they have submitted a complete application before the permitexpires. Sources are allowed to update their applications up to the time a draft permit is issued for public notice. This will allow sources a chance to address any last minute market considerations or changes in their application.
The Division will send written notice ofthe need to applyfor a permit renewal to permittees six months priorto the date a renewal application is due. This notice is to aid permittees, and the failure ofthe Division to provide notice to any individual permittee is not contended tobe used as a defense for the failure to apply for a permit renewal


### As sources and the Division gain experience with the new operating permitprogram, the Commission and the Division will determine ifthe timeframe for renewals can be shortened. The first renewals will notbe due until the year 2000.

Page 42



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5 

# I
I 

# I

f

# ! f 

# I I t 

# I 

# I f



# t

! r**~** 

# f f 

# I

### Page 218



## F. Reopenings Operating permits must be "reopened" during the term ofthe permit ifnew regulations become applicable to the source, ifa mistake is found in the permit, or ifadditional measures need to be incorporated to ensure compliance with applicable requirements. A permit is reopened to address onlythe new requirement orcorrection, not to address the entire permit. The Division must give the source 30 days notice before reopening the permit. Reopenings must undergo all ofthe same procedures and requil'ements as the original permit (notice, EPA review, etc.). The Commission will allow sources the option to reopen an entire permit instead of justthe necessary portion. This would require, however. that a sourcebe able to submit a complete application for renewal within 30 days ofnotice, so that the Division can meet the 18 month deadline.
G. Modifications
States must adopt expeditious procedures for processing changes that require a modification to a permit. 

### 1. Administrative Modifications
Administrative modifications are *minor changes to the permit, such as change

### in owner, more stringent monitoring requirements, orcorrection of typographical errors. The change at the source can bemade upon submittal, and the Division must revise the permit within 60 days. No public notice orEPA review is required. The original expiration date does not change when administrative modifications are made.
2. Minor Modifications
The existing construction permit program requires sources to obtain construction permitsbefore theyconstruct ormodify. Revisions to construction permits 

### are requiredbefore anychanges at the source are made. In contrast, the Federal rule allows changes to bemade without revisions to the operatingpermit, provided no SIP requirements are violated. Sources 

### are allowed to make "minormodifications" upon notice to the Division. The source must supplya draftpermitwhich is submitted for affected state and EPAreview. Thepermit is revised within 

### 90 days. No public notice isrequired at the time the modification is made. The Commission was faced with a dilemma. Since the construction permit program is a SIP requirement, sources would notbe allowed tomake minormodifications without first obtaining a construction permit. This in effect would negate the operational flexibility envisioned in the Federal Act.

Page43



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSIi:) 2002 Wei! Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 

### 219 All Rights Reserved

Only certain modifications at the source may qualify as "minor modifications" for operating permitpurposes. Thechange cannot be a "Title I" modification. Title I contains requirements applicable to new sources. Title I revisions include the following changes:
1. Modification which triggers Prevention ofSignificant Deterioration and New Source Review (significant net emission increase)
The significant levels (defined in Part A ofthis regulation) are based on the potential to emit ofa source ormodification. Since no construction permit is in place to limit the potential to emit ofa minor modification, all minor modifications will be triggered based on potential emissions, not actual emissions.
2. Modification which triggers New Source Perfonnance Standards (NSPS) (Any change which increases the amount ofany air pollutant)

- This definition only applies to specific NSPS sources, unless it is referenced in an applicable requirement
3. Modification which triggers Section 112 (hazardous pollutants)­ EPA will be adopting "de minimis"levels which will trigger a modification.
Minor modifications cannot involve any significant change or relaxation in monitoring, recordkeeping, orreporting requirements. Minor modifications also cannot violate anypermit condition which the source has voluntarily obtained in order to limit potential emissions for avoidance ofrequirements (such as PSD requirements).
The EPA expressed their concern regarding the construction permit SIP requirements and minormodifications. The Commission has determined that it is appropriate to submit a SIP revision for the construction permit program, in orderto allow sources the flexibility allowed under minor modifications. The Commission will allow minormodifications underthe operating permit procedure, and changes before obtaining a pennit, however all substantial requirements needed for a construction permit mustbemet. These requirements include ambient modeling to assess the modification's impact on air quality in Colorado, as required in the SIP. As under the current construction permit program, minor modification procedures cannotbe used to circumvent PSD orNSR requirements by making individual changes which together would otherwise trigger PSD or NSR. The enforcement protection ofthe permit shield does not apply to these modifications. Sources should be confident that all applicable requirements wil1 bemet before SUbmitting a change as a minor 

# I I I

,



# l E


# r 

# I t f 

# I f

Page 44



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 220

H.

Page45



### 5 CCR 1001-5 modification. Ifthe source errs in its determination, the Division, the Commission, and the EPA can take enforcement action against the source and the source's right to operate underthe modification is terminated (the source mustrevert back to thepermit as it existed before the modification was requested). Upon permit renewal, the minormodification undergoes public notice along with the rest ofthe pennit, and the permit shield can be extended to the minormodification provisions.
3. Significant Modifications Significantmodifications are changes at the source which are not administrative modifications, and which do not qualify as minor modifications. Such changes triggerPSD orNSPS, etc., orinvolve significant changes in orrelaxation ofmonitoring, recordkeeping and reporting requirements. A revised permit mustbe obtained beforethe source is allowed to commence construction for the change.
A source maychooseto obtain a revision to its operating permit, oritmay choose to obtain a constructionpermitbefore making the change. Significant modifications to operatingpermits must undergo a11 ofthe publicnotice and EPA review requirements, therefore a source should plan on submitting its application well in advance ofmaking the change. Ifa construction permit is obtained first, the source should apply at least three to four and a halfmonths in advance (except for PSD sources, which should plan 12 months in advance). Once the construction permitis obtained, the source may commence construction. The conditions ofthe constructionpermit do not need to beincorporated into the operating permit until renewal, unless more than three years remains in the term of the operatingpermit, 

### in which case the operatingpermit must bereopened, and the significant modificationprovisions incorporated. Operational Flexibility
TheFederal rulerequires a State's program to include operational flexibility provisions, which allow a sourceto make certain changes without having to obtain a modification to theiroperatingpennit. The changes are simply incorporated into the operating permit when itis renewed. The types of operational flexibility are described brieflybelow. Subcommitteepapers and fact sheets, which explain the provisions in more detail, and give specific examples, are available at the Division and Commission offices. The Commissionhas directed the Division to devise simplified explanations ofall ofthe provisions.



### CODE OF COLORADO REGULATIONSc 2002 WeB Publishing for the State ofColorado 25 

### CR 12, 12-02 Page 221 All Rights Reserved

"502(b)(1O)" Changes (named after a section ofthe Federal Act): A source is allowed to make a change which would violate an express permitterm, provided no applicable requirements are violated. The source can make the change after a seven day advance notice to the Division. Thepermit shield does not apply. The Commission win allow sources to revert backto the original permit tenn, provided seven day notice is given to the Division. Thepermit shield can then apply again to the provision which is contained in the permit.
Permit Caps: A source mayask for an uppertimit in total facility emissions. Changes mayoccurwithin the facility, as long as the upper limit is not exceeded, and all applicablerequirements are met. The permit shield applies to these changes. Seven day notice is required before the change is made. This type of operational flexibility maybe suitable for research and development facilities.
Alternative Scenarios: The source can identifyvarious operational scenarios 

### in its application, along with the applicable requirements and compJiance demonstrations. The source can then switch from one scenario to anotherwithout notification to the Division. The pennit shield applies to these changes.
Emission Trading Based on the Pennit: The applicant can request that the trading provisions (for netting out) provided for 

### in Part A ofthis regulation be incorporated into their operating permit. As long as all ofthe provisions are met, the source can use the provisions to make changeswithout notification to the Division.
OffPermit Changes: These changes can bemade at the source with seven day notice to the Division. The changes involve activities that are not addressed in the operating permit. The same qualifications as those for minormodifications apply to these changes (cannot be Title I modifications, significant monitoring changes, etc.)Note that the same SIP concerns apply to these changes that are discussed above under minor modifications. A construction permit would berequired before these changes could be made. The Commission has decided to submit a SIP revision to a])ow these changes.
Emission trading based on the SIP: This is the onlyFederally allowed operational flexibilityprovision that the Commission did not adopt. This provision would allow sources to use the emission trading provisions ofPartA without specifically statingthe procedures in the pennia. The Commission does not currentlyhave an approved SIP that would allow this. therefore the EPA would not approve this procedure at this time. The EPA is expected to develop guidelines for approvable SIPs within two years. The Commission will considerthis provision once it is apparent what the EPA would approve. 

# I 

# I

I 

# I I 

# I I



# i

Page46



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 222

1. General Permits
General permits are standard permits that apply to specific source categories. The sources in the categoryhave similar applicable requirements and similar monitoring, recordkeeping and reporting requirements. The general permit will include criteriabywhich a source may qualify for the pennit. Sources which are out ofcompliance maynot qualify for a general permit, since a separate individual compliance plan would berequired. The general permit undergoes one-time public notice and hearing and EPA review wilen it is initially developed. Qualifying sources can use standard, simplified applications and obtain the general permit without having to go through the entire application process (public notice and hearing) individually. A list ofall sources which have been issued a general permit shall be maintained bythe Division and made available upon request. The general permit (as originallydeveloped) undergoes five yearrenewal, including public notice and EPAreview.
General permits will also be developed for the construction permit program, and will usually be identical to the general operating permit for that source category. Existing sources that have not obtained a general construction permit through the construction permit program (probablybecause a general permit did not exist at the time a construction permit was obtained) may operate underthe general operating permit within 60days ofsubmitting a complete application for the permit, which corresponds with the amount oftime allowed for a completeness determination. The application shield becomes effective upon submission ofa complete application. The Division will issue the general permit to the source upon completion ofthe analysis. The permit shield becomes effective upon issuance ofthe operatingpermit.
Sources which receive a general construction permit through the construction permit program may operate under the general permit as an operatingpermit 60 days after a complete operating permit application is submitted, provided the required compliance demonstration has been performed in the required time (180 days). Such source must apply for the operating permit within 12 months of commencing operation. Once such application is received and determined to be complete, the Division will issue a certification which states that the construction permit now becomes the operating permit.
General permits will ideallybeuseful for minor sources that will be subject to operating permits at a later date. Minor sources are more likelyto be subject to similar applicable requirements. The Commissionhas directed the Division to devote resources as theybecome available to identification ofsources which would be suitable for general permits and to the development ofgeneral permits. Candidates for general operating permits include sources that become subject to

..

# ~ Page 47



### 5 

### CCR 1001-5 CODE OF COLORADO REGULAnONSc 2002 Weil Publishing for the State ofColorado 25 

### CR 12, 12-02 

### Page 223 All Rights Reserved

new 

### MACT/GACT standards (i.e. dry cleaners), or existing and new NSPS sources (i.e. asphalt plants).
The Commission will allow major sources to have general permits as part oftheir overall operating permit. As general permits are developed, major sources may use them. The source wouldjustreference in their initial or renewal application that they have a general permit. General permits, however, cannot be issued to major sources ifthe issuance ofthe general permit would cause a violation ofany ofthe applicable requirements in any other operatingpermits they have, orif issuance ofa general permit would trigger a Title I or Title 111 modification. The Commission will allow general permits to be used for an entire major source only in those instances where the use ofgeneral permits is appropriate (homogenous, straight-forward sources). 

### J. Title ill (Hazardous 

### Air Pollutant Requirements)
The provisions ofTitle III must be implemented through the operating permit program. Asdiscussed above, all major sources ofHAPs must obtain an operating permit. As the Commission adopts MACT standards, the permit must be reopened to include thenewrequirements.
As the EPApromulgates new MACT standards, they will decide ifminor sources as well as major sources affected bythe standard must obtain operating permits.
Once the EPA approves the State's operatingpermit program, the Division and Commission must beginmaking case bycase MACTdeterminations for new major sources and modifications, iftheEPA has not yet set a MACT standard for that category. The EPA will be setting emission levels at which modifications are triggered.
Once the EPA approves the State's operating permitprogram, ifthe EPA fails to meet its mandated deadline for setting a particularMACT standard, the State must determine MACT for that source category

### within 18 months. Permits will be reopened to incorporate the StateMACT standard. Once the EPA determines MACT for the category, permits mayneed to be reopened again, and sources may need to retrofit their units, depending upon the difference between the State and EPA MACT determinations. K. Title IV (Acid Rain Provisions)
The Commission is required, and fully intends, to adopt the acid precipitation rules and requirements as promUlgated bythe EPA, and to implement the requirements through the Title V permits, as also required under the Federal Act.

Page 48



### CODE OF COWRADO REGULATIONS 5 CCR 1001-5

### Page 224

Title N sources (powerplants) are required to submit the Title 

### IV portion oftheir operatingpermits byJanuary 1, 1996. Thepermits must be issued byDecember 31, 1997. The EPAis planning on having all ofthe requirements and forms finalized so that Title 

### N sources can apply for Title 

### IVrequirements atthe same time they apply for their initial operating permit. 1bis could help avoid re-opening ofthe permit. To facilitate this, the Commissionhas determined that Title 

### IV sources should be included in the last group ofexisting sources required to apply for operating permits (due one year after EPA approves the program, see discussion above).
The Commission also intends to adopt provisions related to the WEPCOrule promulgated bythe EPA, which dealswith Clean Coal TechnologyProjects and othermodifications at utilities. Therule is currently slated for the spring of1994 in the Commission'sregulatory agenda. 

### Inthe interim, the Commission and Division will continue the existingpolicy oftreating suchprojects as allowed by the EPA. Also, the Commission wishes to encourage CleanCoal Technology Projects, which are used to develop and identifybettermethods ofcontrolling and preventing airpollution. The Commissionhas directed the Division to consider research and development factors, and the importance ofdeveloping new technologies, ifenforcement actionmay

### be necessarydue to violations related to suchprojects. TI. ConstructionPermitProgram
A. Synthetic Minors
As discussed above, construction permits are the vehicle through which sources can obtain federally enforceable limits on their emissions in order to avoid the operatingpermitrequirements. In somecases, sources may also choose to obtain limits to avoid PSD orNSRrequirements. Such synthetic minorpermitsmust undergo public notice in order to be federally enforceable.
B. SIP Equivalency
The Commission has determined that it is appropriate to allow construction permit sources to use the SIP equivalencyprocedure that is provided for operating permits in the Federal Act. Current regulations, such as RegulationNo.7, require a case by case SIP revision for equivalent procedures, whichinvolvespublic notice, a mandatory Commission hearing, and EPA approval. The new SIP equivalencyprovisions override Regulation No.7 provisions. All SIP equivalencyproposals require public notice, opportunityforhearing (butnot mandated ifnot requested), and EPA review. The Commissionwill require such construction permits to follow the PSD track, which requires public notice and an opportunity for public hearing. The EPA will review theproposal during the public commentperiod.

Page 49



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONScC 

### 2002 Weil Publishing for the State ofColorado 25 

### CR 12, 12-02 Page 225 All Rights Reserved

C. Minor Modifications and Operational Flexibility
The Commission has extended most ofthe operational flexibility provisions directly to the constructionpermit program, since no modification to a permit is required. These provisions include Administrative Modifications, Alternative Scenarios, Emission TradingBased on the Permit, and Permit Caps.
The remaining operational flexibility provisions, and the minor modification provisions are not available through the construction permitprogram, however sources may obtain these additional allowances byvoluntarily applying for an operating permit. 

### D. General Permits
The Commission has determined that the general permit process will be allowed only for the operating permitprogram. The general application and permit forms, however, should be used for construction permits as they are developed. The Colorado Actrequires new sources to obtain a construction permit before commencing construction, therefore the source must have their construction permit in hand before constructing. In addition, Regulation No.3 requires certain sources to undergo public notice before construction. The Commission believes that notice should continue to be provided to the public where appropriate, before a source constructs near them.
As discussed above under general operating permits, the Division will identify candidates for general construction permits as resources are available. The same sources identified in the discussion above are candidates for general construction permits. In addition, general permits maybe suitable for sources wishing to obtain synthetic minor status, such as emergency and backup generators. 

## m. Emission Fees Though it was not noticed for this hearing, someparties indicated they had concerns regarding the Division's policies for charging annual emission fees. A request was made to include the Division's policyinthe regulation. The Commissionbelieves the Division should be given the flexibility to determine the most efficient and reasonable procedures and policies for assessing fees, therefore the policy will not be included in the regulation. The Division will prepare a writtenpolicy for public distribution on the methods it will use to calculate and collect emission fees.
IV. Where Can a Source Go ForAssistance InUnderstanding the New Requirements?
A. Small Business Assistance Program

Page 

### 50



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 226 

# J Even though existing minor sources (small businesses) are exempt from the operating permitprogram, small businesses will need help understanding the construction permit program requirements. 

### In addition small businesses need to understand the operational flexibility requirements, and need to understand ifit would be advantageous for them to apply for an operating permit. TheEPA may decide that some minor sources should berequired to apply for operating permits as new MACT and NSPS standards are promulgated.
Last September, the Commission approved aj)lan for developing a Small Business Assistance Program. The program is underdevelopment and is expected to be implemented and fully operational byNovemberof 1994. 

### In the interim, Division staffis available to answer any questions which a small business may have regarding airqualityregulations and requirements.
Some information has alreadybeen developed regarding APEN requirements and simplified calculation procedures. 

### B. Pre-application Meetings
This regulationprovides opportunity for any source to request a preapplication meetingwith the Division, to discuss what requirements maybe applicable to a source. C. Division Staff
Division staffwiJl remain available to all sources and the pUblic, to answer questions regarding the operating permit and construction permit programs. IG. Adopted March 17,1994
Statement ofBasis, Specific StatutoryAuthority and Purpose
Revisions to RegulationNo.3 Part 

### A, Section lIE
Pursuant to Section 112(n) ofthe federal Clean 

### AirAct, the US Environmental Protection Agency (EPA) is required to conduct an extensive studyto create a reliable estimate ofthe existence orquantityofhazardous airpollutants (HAPS) emissions from certain sources such as utility and non-utility industrial boilers. Another studyunder Section 112(n) relates to emissions from publiclyowned treatment works (POTWs). Section 112(n) recognizes that technological limitations exist onthe abilityto reliably estimate these emissions. The required studies are complex and costly, and EPA has indicated that the utility and non-utilityboiler studywill not be concludeduntil the end of 1995. The original time frame contemplated byCongress anticipated that the studywould be completedbyNovember 15, 1993. Unlike the mandatoryboiler study, the Clean Air Act merely authorized EPA to studyPOTW emissions and EPA has decided not to

Page 51



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS

# I

3

c 2002 Wei! Publishing for the State ofColorado 25 CR 12, 12-02 

### Page 227 All Rights Reserved

continue with the study. Thus, the emissions infonnation which was originally expected will not be developed intime to facilitate APENreporting byDecember 1994. Since the emissions from facilities which treat municipal-type wastewater are virtually identical to those from POTW s, the Jack ofPOTW emissions data also affects this category ofsources as well. During ruJemaking in 1993, a deferral for HAP reporting from boilers and other listed sources was granted until six months from the date federal studies are complete or until December 31, 1994. This deferral appears in Part A, Section II.E.
Thiswas based in large part on the recognition that it would be unreasonable and infeasible to expect these sources to attempt to duplicate the EPA studies and to provide meaningful data earlierthan EPA. The postponement was not intended to forgo reporting obligations (it applied to emissions points and processes only, not to entire facilities), but rather, to recognize technical limitations and to await (not duplicate) the results ofthe EPA studies. The Statement ofBasis, Specific StatutoryAuthority and Purpose for the 1993 rulemaking session explained, "Due to ongoing studies aimed at quantifying their emissions ofnon-criteria pollutants, the Commission has deferred APENreporting requirements for five source categories until six (6) months after the studies have been completed orDecember 31, 1994. whichever is earlier." It is now apparent that neither the EPA boiler studynorthe POTW studywill 

### betimely completed for effective implementation of'II.E. The clear intent oftheregulation isto postpone report ofHAP emissions by sources such as utility and non-utility industrial boilers. POTWs and municipal-type wastewater treatment works, pending the results ofthe ongoing EPA studies. The rationale for this intention is that it is technologically infeasible for these sources to comply with this reporting requirement without the results 

### i and utilization ofthe EPA studies. The original intent and rationale for a postponement continue to pertain at this time and provide the basis for this rulemaking. 

# I

Additionally. highly costly tests would berequired ifreporting isrequired priorto the results of the EPA studies. There is a serious question about the accuracy ofanyreporting priorto the 

# I

conclusions oftheEPA studies. Moreover, ifsources attempt to formulate tests, inconsistencies with testing procedures, resulting data and interpretation thereofwould result, thereby further 

# i complicating issues for impacted sources and administration bythe state. It is believed that using the EPA studies results win allow avoidance ofsuch costs and result in more accurate APENS which. in turn, will facilitate easier administration bythe state. During the Commission's prior deliberations on this matter, the Commission expressed an intent to revisit this December 31, 1994 deadline ifthe EPA studies would notbe timely completed. Impacted sources must beplaced on notice as early as possible concerning any deadline because lead time to conduct studies and extensiveplanning would benecessary. This rulemaking postpones to December 31, 1995. or six (6) months aftertheEPA studies are complete, whichever is earlier, for utility and non·utilityindustrial boilers. and POTWs and municipal-type wastewater treatment plants. This decision furthers the Commission's original intent concerning the underlying reporting. This issue mayberevisited inthe future ifthe infonnation expected to be derived from the EPA studies continue to be delayed.

Page 

### 52



### CODE OF COWRADO REGULATIONS 5 CCR 1001-5

### Page 228

..

# ~ The specific authority for this regulation is contained in the Colorado 

### Air Pollution Prevention and Control Act, 1992 as amended. The Legislative Declaration, •25-7-102, recognizes that an accurate emission inventoryis needed to adequately manage airresources in Colorado. Section 25-7-109.3 provides authority forregulating HAPs. Section 25-7-114.1 provides authority for requiring APENS, and for allowing exemptions from the requirements. Section 25-7-109(4) requires the Commission to promulgate regulations pertaining to HAPs. 

### lH. Adopted May 19, 1994 Findings Regarding the Basis for the .J!mergency Rule
Revisions to RegulationNo.3, Concerningthe Operating PermitProgram
The Air Quality Control Commission held this emergencyrulemaking hearing on May 19, 1994, after such notice ofrulemaking aspractical, topostpone theNovember IS, 1994 deadline for submission ofoperating permit applications bythose existing major stationary sourcespreviously notified bythe Division to submit applications bythat deadline. The revisions to Regulation No. 3 would phase-in the required submission ofoperating permit applications by these sources over a three month period beginning January I, 1995. The Commission finds that the immediate adoptionofthis emergencyregulation is imperativelynecessary for the preservation ofthe public welfare and to ensure compliance withthe federal law, and that compliance wit normal notice requirements for rulemaking wouldbe contraryto the public interest.
1his emergencyregulation is necessary for three reasons. First, the Environmental Protection Agency (EPA) has issued a formal letter to the State ofColorado advising the State that its Title V operatingpermit program submission, contained inthe Commission's Regulation No.3, must berevised in orderto obtain federal approval ofthe State operatingpermit program in accordance withthe mandates ofthe federal Clean

### Air Act. The earliest date bywhich the Commission is able, pursuant to law, to promulgate such revisions and make them effective is September 30, 1994. Sourcesthat are subject to the operatingpermit application deadline of November IS, 1994 will not have sufficient time to complete their applications and submit them bythat time after the promulgation ofthe revisions. Secondly, and more importantly, it was not until the 1994 Colorado legislative session that the legislature appropriated money for the necessary FrE's at the Division toprocess operating permit applications and to implement the program. The moneywill not be available for the Division's use until July 1994, and given the shortcomings ofthe Statepersonnel system, the new Division employees will not. in all likelihood. begintheiremployment until on or around November 1. 1994. Ifthe Commission did not act on an emergencybasis to postponethe application deadline ofNovember 15, 1994, persons subject to the application deadline will 

### be required to applyto the Divisionpriorto its ability to fully train the new employees orto provide sources any services necessaryunder the mandates ofthe federal Clean AirAct. 1hisimposes an unnecessaryburden on sources, as well as the Division.

Page 53



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS<C 2002 Weil Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 229 All Rights Reserved

Finally, the federal Clean AirAct requires that the Statehave sufficient moneyto coverthe direct and indirect costs ofimplementing the Title V program. These costs include those necessary for the Division to review permit applications and issue permits within certain established timeframes, as well as to perfonn inspections and other compliance monitoring actions. The EPA has indicated to the State, in a letter dated April 8, 1994, that ifthe State does not have sufficient money to cover these costs, the EPA cannot grant anytype ofapproval, including interim program approval. In this event, EPA must take overthe Title V program in Colorado, and has threatened to impose sanctions on the State. Therefore, the Commission must act on an emergencybasis to postpone the operating pennit application deadline in order-to give sources sufficient advance notice ofthe changed deadline and in orderto ensure that the Divisionwill be able to review and process those applications within the timeframes set forth inthe federal Clean Air act. In light ofthe evidence presented at the emergency hearing onthe difficulty and cost to sources ofcompleting operating permit applications, given the short timeframe between the Commission's ability to revise and make effective changes to Regulation No.3 required bythe EPA and the current deadline; on the difficulty and cost ofevaluating operating permit applications filed with the Division and ofthe Division's inabilityto perfonn services required by the current Regulation No.3 and deadline ofNovember 15, 1994; and on the EPA's letter evidencing its concern that the Division will not be sufficiently financed to perfonn those federally-mandated services, the Commission finds that an emergency exists which warrants the passage ofthis emergency regulation. The Commission does notbelieve that this emergency regulation represents anyrisk to public health.


### 1.1. Adopted August 18, 1994
Statement ofBasis, Specific StatutoryAuthority, and Purpose
Revisions to Regulation No.3
This StatementofBasis, Specific StatutoryAuthority, and Purposecomplieswiththerequirements ofthe Administrative Procedures Act, Section 24-4-103(4), C.R.S. (1994) for adopted ormodified regulations.
Basis The 1990AmendmentstotheFederal Clean

### AirActrequire statestoimplementanoperatingpermit program. Failureofa statetoimplementtheoperatingpermitprogramwilJ resultinEPAsanctions. 

### OnJuly IS, 1993, the Air QualityControl Commission adopted revisions to RegulationNo.3 necessaryto implement the State's operating pennit program. The Commission also adopted revisions to Regulation No.3 that were necessaryto integrate the operating permit program with the existing construction permit program, and that were necessary to extend certain provisions of the operating permit program to minor sources not otherwise subject to the program.

Page 54



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 230

On November 5, 1993, the Governor submitted Colorado's operating permitprogram to the Region VIII, Environmental Protection Agency (EPA) for its approval. The EPAreviewed Colorado's submittal and on April 8, 1994 responded to the State's submittal, noting certain deficiencies in theprogram. These deficiencies must be corrected and the revisions submitted to the EPA no laterthan October 1, 1994. TheCommissionpromulgated these revisions to Regulation No.3 in response to EPA's comments. EPA also noted certain legislative changes that are required in order for the State ofColorado to obtain full approval ofits operating permit program. Therefore, at this time, the Commission contemplates that the State will receive interim approval ofthe operating permitprogram; within 18 months afterreceiving the interim approval from EPA, the State must submit legislation that will satisfy all ofthe·federal requirements.
The EPA in its April 8 letter required the Commission to revise in certain respects the Statement ofBasis, Specific StatutoryAuthority, and Purpose for Revisions to Regulation No.3 that was dated July 15, 1993 and which was submitted to the EPA onNovember 5, 1993. The required revisions are reflected in this Statement ofBasis, dated August 18, 1994. Specific Authority The specific authorityfor this regulation and its revisions is contained in the Colorado Air Quality Control Act, 25-7-101,**et~.** (1989 & 1994 Supp.). Section 25-7- 105(l)(A)(l)requires the Commission to adopt into the State hnplementation Plan all requirements ofthe federal act. Sections 25-7-105(12) provides authority to implement the operatingpermitprovisions ofTitle V ofthe federal act. Section 25-7-105.1 sets forth the federal enforceabilityprovisions. Section 25-7-106(6) provides authority for monitoring, recordkeeping and reporting requirements. Section 25-7-114.1 provides authority for APEN requirements and for allowing exemptions from the requirements. Section 25-7-114.2 through 114.5 set forth construction and operatingpermit requirements, and application and public participation requirements. Commission action in promUlgating these revisions is taken pursuant to Sections 25-7-105 to 109 and 25-7-114.
Statement ofBasis and Pmposes ofChanges to Regulation 1. InPart A, IB.9.e., the definition of"applicable requirement" concerning enhanced monitoring was changed to complywith the federal definition, incorporating all monitoring and enhanced monitoring requirements established pursuant to sections 504(b) and 114(a)(3) ofthe federal act.
2. InPart A, 1B.22., the definition of"federallyenforceable" was amended to mirror the definition found in section25-7-105.1 ofthe Colorado AirPollution Prevention and Control Act.
3. InPart A, I.B.35.D.e., the Commission exempted anymodifications that are not "majormodifications" from the definition ofTitle 

### I modifications, for sources with operating permits that utilize the minorpermit modification procedures set forth in PartC, Section X.A. This is because EPA cannot allow the minorpermit modification procedures to beused for Title 

### I modifications; therefore, for the minor permit modification procedures to have any use at all, this change was

Page 55



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS@ 2002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 231 All Rights Reserved

necessary. All modifications must still complywith the requirements of40 CFR Part 51.165, as reflected in Regulation No.3, PartB, IV.D.l.a.-h. In effect, this change merely allows an operating permit source to modifywithout going through the procedural requirements ofobtaining a construction permit, but still requires the source to meet all substantive requirements. 

### 4. Part C, X.A.5., XIIA.I and Xll.B. were revised to reflect the change described in paragraph no. 3 above.
5. Part A, I.B.62, a definition of"state-only conllition" was added.-"This term is used throughout Regulation No.3.
6. In Part A, Section n.D.l.aaa. (APEN exemptions), and in Part C, Section D.E.3.aaa. (insignificant activities for operatingpermits), the Commission exempted storage oflubricating oils from notice and permit requirements. Because new source performance standards apply to storage tanks ofcapacity > 40,000 gallons, the Commission revised these provisions to ensure that the exemptions would not allow a source to avoid new source performance standards. 

### 7. InPart A, D.D.5., the Commission established an administrative procedure whereby the Division could process and grant requests for exemptions from permit and APEN requirements. However, this amounted to a SIP revision without allowing EPA the opportunity to review and approve the revisions. Therefore, the Commission amended this procedure to require that the Commission adopt the exemptions pursuant to rulemaking, on an annual basis, and submit the revisions to EPA prior to a source being able to take the exemptions.
8. Part A, IV.B. contains operational flexibility provisions concerning "trading based on the permit." The federal rule allows a source to take advantage ofany EPA-approved emissions trading program, without the need for a SIP revision. At this time, Colorado does not have an EPA-approved generic emissions trading program. To obtain EPA approval ofthe State's operating permit program, the Commission amended this provision to clarify that the trading based on the permit may be utilized only ifthe SIP contains an EPA approved trading program. 9. At PartB, m.A.6., the Commission clarified that the provisions of

### N.D. l.a.-h. must be met in order for the source to utilize the minorpermit modification procedures. Previously, the Commission had merely cross-referenced section N.D.L, which contained time periods for review which conflicted with the minor permit modification procedures.
10. At Part B, IV.D.lj. and in Part C, V.C.I.c., the Commission had provided authority for a source to use an alternative emissions limitation that is as stringent as an applicable requirement so long as the permit contained provisions to ensure that

Page 56



### CODE OF COLORADO REGULATIONS 

## 5 CCR 1001·5

### Page 232 

# J

the limitation is quantifiable, accountable, enforceable and based on replicable procedures. The preamble to the operating pennit rule, 40 CFR part ?O makes clear that it is the SIP, not the permit that must contain these replicable procedures. Therefore, in Part C, the Commission amended V.C.Lc. to clarify that the alternative emissions limitation maybetaken only ifit is allowed by the SIP; then in Part B, IV.D.l.i., the Commission removed the alternative emissions limitation language because the SIP must itselfcontain the replicable procedures. EPA is expected to have guidance in the near future on alternative emissions limitation.
II. In Part C, m.B.?, the Commission clarified that a source applying for a combined construction/operating permit must first obtain the pennit priorto conunencing construction.
12. In Part C, m.C.12., the Commission clarified that ambient air quality standard considerations in issuing permits applyonly to temporary sources (pursuant to the federal law), and to new and modified sources applying for a combined construction/operating permit (pursuant to state and federal law). Although this was always the case, the provision previouslycould have been read to allow consideration ofthese standards in issuing operating permits.
13. In Part C, V.B.3. & 5., the Commission allowed minor sources to voluntarily opt into the operating permit program in orderto gain the operational flexibility of operating permits. These minor sources, however, could avoid the public participation, EPA and affected state review provisions. The EPA was concerned that synthetic minor sources would be able to opt into theprogram, and in SO doing would lose their federally enforceable limitation (imposed bythe construction permit which would be lost), without going through the required public participation and EPA and affected state review. The Conunission revised these provisions to clarify that synthetic minors opting into the program must go through all the necessary reviews. In addition, major sources ofColorado-onlyHAPs need not go through the public review process attendant to operating permits. The EPA was concerned that the provision couldberead to allow federal HAP major sources to avoid public participation and review. The Commission clarified these provisions to ensure that such was not the case. 14. InPart 

### C.mB., the Conunission revised the schedule for submission ofoperating permit applications bythe remaining two-thirds ofsources inorder to reflect the anticipated interim approval date ofthe operating permit program ofJanuary 1, 1995. This revision would also allow theDivision to notify some sources ofthe need to submit an application beforeJanuary 1, 1996, but on or after November 15, 1995, upon twelve months' notice. Changes to the Statement ofBasis and Purpose dated July 15, 1993
I.C.2. "Regulated HAPS"

PageS?


### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 

### 2002 Weil Publishing for the State ofColorado 

### 25 CR 12. 12-02 Page 233 All Rights Reserved

Revise this paragraph to read:
Note that a HAP must be subject to a standard before the applicant is required to address it in the permit application. Once the EPA adopts a MACT standard for a particular HAP. all sources. even those not subject to theparticularMACT standard, and even those not in the source category, must address that HAP in applications. Incases where the Commission orDivision determines MACT on a case-by-case basis because the EPA has not timelypromulgated a MACT standard for a source categoryor subcategory ofsources. the MACT becomes applicable to all sources within that source category, pursuant to 1 1 20) ofthe federal act., In cases where the Commission orDivision determines MACT on a case-by-casebasis for an existing source that modifiesprior to promulgation ofan applicable MACT standard, the HAP becomes regulated onlyfor a particular source subject to the case-by-case standard, pursuant to 112(g) of the federal act. Once the EPApromulgates the list of 112(r) (accidental release) pollutants, those pollutants wi11 beconsidered to be "regulated" for all sources. I.G.2. MinorModifications
Revise the second paragraph under this heading to read: Onlycertain modifications at the source mayqualify as "minormodifications" for operating permit purposes. Thechange cannot constitute a "majormodification" as that term is defined in Part A, Section ll.B.35.B. The change cannot otherwise be a "Title I" modification. OtherTitle I requirements are applicable to new sources. These Title revisions include the following changes: (same).
I.H. Operational Flexibility
Emission Trading Based on the Permit: Revise this paragraph to read: The federal rule allows a source to change its operations, using the emissions trading provisions ofan EPA-approved SIP to net out and avoid the need to revise its permit. At this time, the emissions trading provisions ofPart A, Section V, have not been approved by EPA as generic tradingprovisions. Therefore, until the Colorado SIP contains a generic emissions tradingpolicyapproved byEPA, each emissions trade request will require a case-by-case SIP revision. EPA is intending toprovide guidance for an emissions trading program in the near future. I.J. Adopted March 16, 1995
Statement ofBasis, Specific Statutory Authority and Purpose
Revisions to Regulation No.3 ConstructionPermit Program

Page 58



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5Page 234

Background
At the request ofthe U.S. Environmental Protection Agency, Region 

### 8, the Air Quality Control Commission adopted amendments to Regulation No.3, parts A and B, in order to clarify how the provisions relate to each and the federal regulations. These changes were necessary in order to gain federal approval ofthe State Implementation Plan. Specific StatutoryAuthority
The Specific authority for this regulation is found in the Colorado 

### Air QualityControl Act. Section 25-7-105(1) provides that the commission shall promulgate such rules and regulations as are consistent with the legislative declaration and necessary for the proper implementation and administration ofthe Colorado Pollution Prevention and Control Act, including a comprehensive state implementation plan which shall meet all requirements ofthe federal act and shall be revised whenever necessary or appropriate. Section 25-7-109 provides that the Commission shall adopt, promulgate and from time to time modify orrepeal emission control regulations that require the use ofeffective practical air pollution controls. Section 24-4-103 provides the rule makingprocedure followed during the promulgation ofthis rule. Section 25-7-110 provides the specific commission procedures followed during the setting ofstandards and regulations. Commission action in promulgating these regulations is taken pursuantto the above statutory provisions. Pmpose
Most ofthe amendments to Regulation No.3, parts A and B are ofa general housekeeping nature. However, three provisionsrequire greater explanation:
The Division originally proposed adding a definition of"construction" consistent with the federal definition for New Source Review and Prevention ofSignificant Deterioration. To eliminate the potential for confusion and conflictwith the state statutorydefinition, the Division has removed that provision from the amendments. There is a definition for construction, which applies to Regulation No.3,parts A and B, in the General Provisions Regulations; that definition matches the state statutory definition.
The changes to the definition of''Net Emissions Increase" in part A, section I.B.37 need some explanation. 

### In orderfor an increase or decrease to be creditable, the Division could not have relied on the increase or decrease in issuing a permit under Regulation No.3. Also, the source has two choices for proving the extent ofthe emissions increase ordecrease: (I) the source submits orhas on file an APEN indicating the baseline emissions rate and then submits a revised APEN within one year after making the increase or decrease (the difference between the two APENs is the amount ofcreditable increase ordecrease) or (2) the source provides credible, demonstrable evidence to the Division ofactual emission rates both before and after making the increase ordecrease (the source can make the before and after demonstration any time during the contemporaneous period).

Page 59



### CODE OF COLORADO REGULATIONS

### c 2002 Wei! Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 235 All Rights Reserved

The general construction permit provisions ofpart B, section IV.J. were amended to provide greater detail ofhow the Division would actually implement the provisions. The Division retains the discretion to determine whether it will issue a general construction permit, although a source orgroup ofsources can request that the Division do so. Theseprovisions are meant only for minor sources, including sources wishing to obtain federally enforceable limits on their potential to emit, making them synthetic minors. The contents ofa general construction permit will vary depending on the type ofsource involved. The Division will state in the general construction permit that goes out for public notice all the criteria a source must meet in order to qualify for coverage under the permit, the method ofapplication (including specific application forms if different from a standard construction permit), the deadline for application, and-other requirements as necessary and specified in the permit (i.e. monitoring, reporting, and recordkeeping requirements). After receiving an application to be covered by a general construction permit, the Division will determine whether the source fits within the intended coverage ofthe general construction permit, meets all applicable requirements, and satisfies all the criteria as laid out in the general construction permit. Ifthe Division grants a source the right to construct and operate under a general construction permit, there are still some situations under which the Division mayrequire the source to obtain an individual construction permit (Le., the source makes changes that bring it out ofcompliance with the general construction permit or circumstances change such that the source is no longer appropriately controlled under the general construction permit). Overall, the amendments to Regulation No.3, parts A and B are meant to integrate with the existing rules and meet the federal requirements for the State hnplementation Plan.
I.K. Adopted May 18, 1995
Statement ofBasis, Specific StatutoryAuthority, and Purpose
Revisions to Regulation Nos. 8 and 3 Synthetic Minor Permit Program
This Statement ofBasis, Specific StatutoryAuthority, and Purpose complies with the requirements ofthe Administrative Procedures Act, Section 24-4-103(4), C.R.S. (1994) for adopted ormodified regulations. Background
At the request ofthe Division, the regulated community and the state legislature (HB94-1264), the Air QualityControl Commission adopted rules that would allow the Division to issue permits to limit a source's potential to emit hazardous air pollutants (HAP). Such a mechanism is necessary and important because it enables the Division to issue a permit to a source ofHAP in order to limit the source's potential to emitbelow emission thresholds requested by the applicant, thus allowing the source to avoid a varietyofrequirements such as Title V operating permit requirements, Title 

## m maximum achievable control technology (MACT) requirements

Page 60



### CODE OF COLORADO REGULATIONS 5CCR 1001-5

### Page 236 

# ,J
promulgated by the U.S. Envirorunental Protection Agency (EPA). or Colorado MACT requirements. Specific Statutory Authority
The specific authority for theserevisions is contained in the Colorado Air QualityControl Act, 25-7-101,**et~.** (1989 & 1994 Supp.). Section 25-7-109.3(2) provides the specific authority for the Commission to adopt provisions allowing the Division to create synthetic minor sources of hazardous air pollutants. Section 25-7-109 provides that 

### the commission shaU- adopt emission control regulations requiring the use ofeffectivepractical airpollution controls. Section 25-7­ 109.3(2)provides that in order to minimize additional regulatory and compliance costs to the state's economy. any program created bythe commission shall contain a provision which exempts those sources orcategories ofsources which it determines to be ofminor significance from the requirements oftheprogram. Section 24-4-103 provides therule makingprocedure followed during thepromulgation ofthis rule. Section 25-7-110 provides the specific commissionprocedures followed during the setting ofstandards and regulations. Commission action inpromUlgating these regulations is taken pursuant to the above statutoryprovisions. Purpose
Therulemaking includes the permanent addition ofRegulation No.8, part E, section IV and amendments to Regulation No.3,partB. Following is a description ofthe purpose ofeach section within Regulation No.8, partE, section IV:
Section A ofthe rule clarifies that Regulation No.8, part E, section IV applies to sources who choose to voluntarily limit theirpotential to emit HAP. This section clarifies that although the Division shall issue permits to qualified applicants, the Division will not include inthe permit anyindication ofthe source's exemption status for otherrequirements (i.e. Title V orTitle

# m of the federal Act) unless the source asks the Division to include all relevant emissions units and pollutants in the permit review. Under this regulation, the applicant chooses which emission units to coverin the particularpermit: that can be all HAP emissionpoints, some oroneHAP emissionpoints, all criteriapollutant emissionpoints, and/or some orone criteriapollutant emission points. Unless there is a need for a state-only or federally enforceable permit condition, the Division will not impose any additional applicable requirements on criteria pollutants or HAPs for the emission unit or a number ofemission units. Ifthepermit applicant wants a thorough review ofthe facility and a determination by the Division that the facility qualifies as a synthetic minor from Title V and/orTitle III, orother specific provisions ofthe state or federal Act, then the applicant can choose to have a comprehensive Division review in the permit. Sources choose in thepermit application the threshold level below which they want to limit the potential to emithazardous orcriteriapollutants. Sources maywant to bring their emissions below Title V major source thresholds ormaywant to limit their emissions below affected source thresholds under specific MACT standards or enhanced monitoring thresholds whenthose rules are eventually enacted. When a source applies for a permitunderRegulation No.8, the Division uses the procedural provisions ofRegulation No.3 to issue the permit. Finally, this section clarifies that receiving a permit under this regulation will not relieve a source from possible

Page 61


### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 2002 Wei] Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 237 All Rights Reserved

future EPA requirements that apply to minor or 

### area sources ofHAP or state conditions; however, such sources mayrequest a permit to further limit the potential to emit HAP below the trigger threshold.
Section B describes the elements ofa permit issued under this regulation. The permit needs to includepractically enforceable permit conditions. The Division makes the final determination on what those conditions are on a case-by-case basis for each permit The monitoring, recordkeeping, and reporting requirements will depend on the specific source, for instance, practical enforceabilitymayrequire calculating

### mass**balanc~** installing a continuous emission monitor, keeping track ofconsumption rates for various materials, etc. However, the permit conditions to limit a source's potential to emit shall beonly 

### as stringent as necessary to limit the source's potential to emit the pollutant ofconcern. For instance, theDivision cannot require a source to add control equipment to reduce emissions significantlyifthe source can adequately reduce emissions without that control equipment. The applicant mayconsolidate reporting or monitoringrequirements from this regulation and Regulation No.3 for the emissions unit. Finally, ifrequested bythe applicant, the permitmayinclude altemative operating scenarios, approved bythe Division. Such alternative operating scenarios shall include specific monitoring, recordkeeping, and reportingmethods as needed. However, section IV.BA for alternative operating scenarios is not intended to include modifications that trigger new sourcereview unless such sources go through all the specific requirements ofthe construction permitprogram for modifications under new source review.
Section 

### C tells the source what information to tum in to the Division, increasing the efficiency of communications between the source and the Division and streamlining the application process. The application forms will reflect the intent for the Division to be flexible in its approach to permitting these sources. Although the Division would prefer a consistent approach (i.e., all applications filled out fully), the Division recognizes that often these sources will have unique circumstances that cannot be adequately addressed in a standard application form. The Division further intends that the application forms be flexible enough so that sources can choose to have the Division calculate emissions and determine thepermit conditions for them.
SectionD, the public participation requirements, are a requirement ofEPA. This section makes mandatorywhatwas previously discretionary for the Division.
Section E clarifies that the Division can combine the requirements from this Regulation with those for limitingthepotential to emit criteria pollutants under Regulation No.3 into a single permit so that it is easier for boththe Division and the source to keep track ofthe overall permit requirements. Also, this section IVofRegulation No.8 isnot intended to restrict the ability ofa source to apply for 

### and the Division to issue a construction permit under RegulationNo.3 with limits on thepotential to emit criteria orhazardous air pollutants.
Section F explains to the source that ifa physical or operational change triggers another requirement, thepermit issued underthis section will notrelieve the source ofthe obligation to complywith that requirement.

Page 62


### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 238

Section G infonns the source that is must complywith the pennit conditions at all times, i.e. on an ongoing basis.
Section H serves as an interim mechanism for gaining federal enforceability ofthe pennit and is based on EPA guidance on potential to emit; this section does not apply once EPA 

### has approved these rules for limiting the potential to emitHAP. In order for a pennit to be federally enforceable, EPA mustreceive a certification ofcompliance from the source indicating the source will complywith the permit tenns. The source should send a copyofthe initial permit approval with the certification ofcompliance to EPA and a copyofthe certification to the Division (tokeep in thepermit file). The responsible official: defined inRegulation No.3, needs to sign the certification.
The revisions to Regulation No.3 are necessaryto implementtheprovisions ofRegulation No.8, part E, section N through the construction permitprogram. Note that the operatingpermit program alreadyhas the necessaryprovisions to integrate RegulationNo.8, part E, section N. The amendment to section DLAA is not intended 

### to extend anynew rights to the applicant inthe event the applicant declines permit conditions setbytheDivision, this amendmentjustmakes explicit that the pennit is strictly voluntary and that a dissatisfied applicant has nonnal rights of appeal associated withconstruction permits issued underRegulation No.3. The addition of section

## m.A.7 is to clarifythat ifa source wantsto request a limit on the potential to emit in a standard construction pennit, the source may do so. This section also gives theDivision the authority to limit thepotential to emit HAP in a construction pennit. The amendments to section 

### N.C implement thepublic participationrequirements ofRegulation No.8, part E, section

### N. The requirement that the Division submit a copyofthe public notice to EPA for sources applying for a pennitto limit thepotential to emit criteriapollutants or federal HAP ismeant to include criteria pollutants (alreadyrequired under an agreement betweenthe Division and EPA) and federal HAP listed in Appendix A ofRegulationNo.8 (these are the HAP listed byEPA under section 112(b) ofthe federal Act). Permits for sources limiting thepotential to emit Colorado HAP do not need tobe sent to EPA for comment. Overall, these rules are intended to meld with the existing permitprovisions within Regulation No.3 whileproviding the added authority for the Division to issue pennits to limit the potential to emit hazardous airpollutants and the opportunity for Colorado sources to get out ofmore rigorous permit requirements. 

### 1L. Adopted May 18, 1995
Statement ofBasis, Specific StatutoryAuthority and Purpose
Revisions to Regulation No. 3 Part A, Section II.E.2 (As requested byMetro Wastewater Reclamation District)

Page 63



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 2002 Weil Publishing for the State ofColorado 

### 25 CR 12, 12-02 

### Page-239 All Rights Reserved

This Statement ofBasis, Specific Statutory Authority and Purpose for revisions to Regulation No.3 complies with the requirements ofthe Administrative Procedures Act, C.R.S. '24-4-103(4) for adopted ormodified regulations.

The 1990 Clean 

### AirActAmendments required states to inventory air emissions. C.R.S.' 25-7­ 114.1 contains the requirements for this inventory. The Amendments also authorized EPAto conduct emissions studies for certain source categories, included publiclyowned treatment works (POTWs). No adequate, reliable, and economicallyreasona6le emissions estiniiltions methods are currently widely available for these emissions.
Based onthe expectation thatpublication ofthese studies would result in the creation and dissemination ofpractical emission estimation techniques, revisions to Regulation No.3 were promUlgated in March of 1994 which postponed reporting ofnon-criteria reportable pollutants for these sources until July 31, 1995, oruntil six months after the completion ofthe national studies, whichever occurred first. Thepostponement also applied to facilities which treat municipal-type wastewater, since such facilities' emissions are virtually identical to those from POTWs.
EPA has eliminated funding for the federal POTW study. However, the Association of Metropolitan Sewerage Agencies (AMSA) has been assisting EPA in preparing its guidance document, and AMSAhas also been preparing its own guidance. These documents are expected to be useful in estimating POTW air emissions. A final draft ofAMSA's report is expected to be issued in the summerof 1995. EPA is also expected to issue its finding ofpresumptive MACf for POTWs for purposes ofthe Clean AirAct " 112(j) and 

### (g) at about this time. Authority
The specific authorityfor this regulatory amendment is contained in C.R.s. ' 25-7-106(I), which authorizes the Air QualityControl Commission to promulgate such regulations as are necessary ordesirable to carry out an effective air qualitycontrol program, and •25-7-114.1, which authorizesthe Commission to promulgate the APEN inventoryprogram. Purpose 

### In orderto give POTWs and facilities that treat municipal-type wastewater sufficient time to prepare reliable APENs, the Commission has extended thepostponement ofreporting for noncriteria reportable pollutants for these sources until December 31, 1995. TheCommission finds that extending the APEN reporting deadline is in the public interestbecause the information to be published byEPA and AMSA will notbecome availableto these sources in time to allow for sufficientlyreliable APEN reporting.

Page 64



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 240

I.M. Adopted August 17, 1995
Statement ofBasis, Specific StatutoryAuthority and Pmpose
Revisions to Regulation No.3 To change TSP to PM-I0 for PSD increments and housekeeping
This Statement ofBasis, Specific Statutory Authority and Purpose complies with the requirements ofthe Administrative Procedure Act, C.R.S. 1973, Section 24-4-103(4) for adopted or modified regulations.

On June 3, 1993 the U. S. EPApromulgated changes to the Prevention ofSignificant Deterioration (PSD) rules replacing the Total Suspended Particulate (TSP) increment with particles with an aerodynamic diameter ofless than orequal to a nominal 10micrometers (PM10) increments. TSP continues to have a significance level for new sources but no longer influences the PSD increments. Additionally the Division has identified several mistakes inthepublishing of Regulation No.3. Specific Authority
The specific authorityfor this regulation is contained in the Colorado AirPollution Prevention And Control Act, 1992 as amended. Section 25-7-105 (1) (a) (I) requires the Commission to promulgate a comprehensive state implementation plan that meets all requirements ofthe federal CJean 

### AirAct. Section 25-7-105(1) (c) requires the Commission to promulgate a prevention of significant deterioration program. Pmpose
TheRegulation No.3 PSD rules implement the Federal PSDrules in Colorado. Underthe PSD program areas that are in compliance with the National Ambient Air Quality Standards (NAAQS) arerequired 

### to adopt a permit program for the preconstruction review ofnew stationary sources and modifications ofexisting stationarysources to prevent significant deterioration ofexisting air qualitylevels. The implementation ofthe new PM-I0 increments will utilize the existing baseline dates and baseline areas for PM. The PM increments measured. andPM-l0 already consumed sincethe original baseline dates established for TSP will continue to be accounted for, but 

### all future calculations ofthe amount ofincrements consumed will 

### be based onPM-l0 emissions.
TheDivision is also proposing some minor housekeeping while revising this regulation. There were several sections where the language published in the Colorado Register was eitherrepeated or the changed paragraph and the original paragraph wereboth printed. There was also an

Page 65



### 5 CCR 1001·5 CODE OF COLORADO REGULATIONSc 

### 2002 Wei! Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 241 All Rights Reserved

outside request that submitted an outdated version ofthe regulation that was inadvertently published.
IN. Adopted December 21, 1995
Statements ofBasis, Specific Statutory Authority and Purpose
Part A, Section lB.37 & 67; Part B, SectionIV.D.4
ThisStatementofBasis, Specific StatutoryAuthorityandPurposecomplieswiththe requirementsof the Colorado Administrative Procedures Act, section 24-4-103, C.RS. and the Colorado 

### Air Pollution Prevention and Control Act, section 25-7-110.5, 

### CRoS.

Regulations 3, 7 and the Common Provisions establish lists ofNegligiblyReactive Volatile Organic Compounds (NRVOCs). The revisions adopted consolidate the

### list ofNRVOCs into the CommonProvisions, assuring that the same list ofNRVOCs applyto all the Colorado Regulations. This provides more consistency in those chemicals regulated as VOCs. Specific StatutoryAuthority
The Colorado 

### Air Pollution Prevention and Control Act provides the authority for the Colorado 

### Air Quality Control Commission to adopt and modifyRegulations pertaining to organic solvents and photochemical substances. Section 25-7-109(2)(f) and 25-7-109(2)(g), C.RS., grant the Commission the authority to promulgate regulations pertaining to Organic solvents and photochemical substances. The Commission's action 

### is taken pursuant to authority granted and procedures set forth in sections 25-7-105,25-7-109, and 25-7-110, C.RS. Pwpose
ofthe EPA list ofnon-photochemically VOCs), and adopting the EPA definitionbyreference, a single list ofnegligibly reactive VOCs will apply uniformly to all These revisions to Regulations No.3, 7, and the Common Provisions are intended to clarifysubstances that are negligibly reactive VOCs, which are reflected in the EPA list ofnon-photochemically reactive VOCs. By consolidating the 

### list (which consists Colorado Air Quality Control Commission Regulations.
This revision will also include EPA's recent addition ofacetone to the negligibly reactive VOC 

### list The addition ofacetone to the list ofnegligibly reactive VOCs provides additional flexibility to sources looking for an alternative to more photochemicallyreactive VOCs. Because the EPA has added acetone to their list ofnon-photochemically reactive VOCs many industries, which make and supplyproducts to Colorado industries, areplanning to substitute acetone for more reactive VOCs. This change in the content ofproductspurchased by industry for use in Colorado would adversely effect industries in Colorado ifacetone remains a regulated VOC in

Page 66



### CODE OF COWRADO REGULATIONS 5 CCR 1001-5

### Page 242

Colorado. By adopting acetone as a negligibly reactive VOC industries will be able to take advantage ofand benefit from this possible shift in product contents.


### 1.0. Adopted February 

### IS, 1996
Part A, Section H.E.1
APEN Deferral for Utility and Non-utilityboilers This Statement ofBasis, Specific StatutoryAuthority and Purpose complieswith the requirements ofthe Administrative Procedures Act, CRS 1793, Section 24-4-103(4) for adopted or modified regulations.

The current provisions ofRegulation No.3, Part 

### A. Section D.E.1., were designed to postpone reporting ofnon criteria reportable pollutants by sources such as utility and non-utility industrial boilers and small municipal generators pending the results ofongoing studies being conducted by EPApursuant to section 112(n) ofthe federal Clean 

### AirAct. EPA was directed byCongress to completethose studies within three years after enactment ofthe federal act, i.e., byNovember 

### IS, 1993; however, EPA has yet to do so. During the Commission's last deliberations on this subject, it was stated that ifEPA could not meet its deadline, then the Commission would revisit this deadline. Boththe Commission and the regulated communitywere hopeful that EPA would be able to finish its work by the fall of 1995 so sufficient time was available for utilities to meet the December 31, 1995 deadline. Specific Authority
Section 25-7-114.1 provides authority to the Commission to identify APEN reporting requirements. There currently 

### are no federal reporting requirements concerning emissions of noncriteria reportable pollutants (NCRPs) orhazardous 

### air pollutants (HAPs) from boilers. The current state regulations exceed federal regulatoryrequirements with respect to APEN reporting of emissions. Purpose
A short postponement ofthe original deadline serves a significant dual purpose and both the state and the regulated communitybenefit from a deferral in this instance. The postponement avoids forcing an uneconomic and non beneficial compliancerequirement at this time onthe regulated community. Sincethere are no compliance obligations respecting HAP emissions from boilers, either 

### ineffect orproposed, EPA and Division interpretationsprovide that an applicant for a Title V operatingpermit need only

### list

- not estimate quantities ofemission of

- an application for an operating permit. This revision is administrative in nature, and is not intended to affect 

### air emissions.

Page 67



### 5 CCR 1001-5 CODE OF COLORADO REGULAnONSfi) 2002 Weil Publishing for the State ofColorado 

### 25 CR 12, 12-02 

### Page 243 All Rights Reserved



### I.P. Adopted March 21, 1996
Revisions to Parts A, B & C for Insignificant Activities (parties: Air Pollution Control Division, Colorado Association ofCommerce & Industry and the Colorado Utilities Coalition for Clean Air Division

- Part A, Section I.B.9.a; Section II.D.l.kk, 4.a, b.(iii) & (vi); Part C, II.E.3.kk

The Division reviews the addition ofanyrequested insignificant activities to Regulation No.3 once eachyear. The additions requested included small remote reservoir degreasers and torch cutting activities. Bothofthese items werereviewed byEPARegion 

### VIlIpriorto the hearing date and given verbal approval.
The degreaser exemptionprovides that degreasers not using anychemicals covered by a Maximum achievable Control Technology (MACT) standard and meeting the definition ofsmall remote reservoir 

### are not required to submit an APEN to the Division. The torch cutting exemption clarifies the status oftorch cutting as an exempt activity. Authority
The specific authority for this regulatory amendment is contained 

### in §25-7-114.1(2), C.R.S., which requires the Commission to exemptthose sources orcategories ofsources which it determines to be ofminor significance from therequirement than an airpollutant emission notice be filed. Section 25-7-114.6(1), c.R.S., requires that the Commission designate those classes of minor or insignificant sources ofairpollution which 

### are exempt from the requirement for an emission notice orthepayment ofan emission notice filing fee because oftheirnegligible impact upon airqUality. Pwpose
This rule changeprovides someclarification and additions to the APEN exemption list for those sources that the Division believes to be ofminor significance. Colorado Association ofCommerce and Industry

- Part A, Section II.D.1.ttl; Part C, Section II.E.3.nnn.

The Divisionreviews the addition ofanyrequested insignificant activities to Regulation No.3 once each year. The Colorado Association ofCommerce and Industry (CACI) requested the addition ofemergencypowergenerators with limitations based on the size orhours ofoperation. The revisions relies on EPA guidance regarding emergencypower generators.

Page 68



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 244

Authority
The specific authority for this regulatory amendment is contained in C.R.S §25-7-114.1(2), which requires the Commission to exempt those sources orcategories ofsources which it determines to be ofminor significance from the requirement that an air pollutant emission notice be filed. C.R.S. §25-7-114.6(1) requires that the Commission designate those classes ofminor or insignificant sources ofairpollution which are exempt from the requirement for an emission notice orthe payment ofan emission notice filing fee becauseoftheir negligible impact on air quality. Purpose
This rule change provides an addition to the APEN exemption list and clarificationofthe insignificant activities list for emergencypowergenerators that are ofminor significance base on size and/orhours ofoperation.

Colorado Utilities Coalition for Clean Air

- Part A, Section ll.D.1.aaa.(i), (ii); sss.(1).iv to

### vii; uuu; vvv; www; xxx; 

### yyy; zzz; aaaa.(i), (ii); Part C, ll.E.3.aaa.(i), (ii), xxx.(I).iv tovii; 

### yyy; zzz; aaaa; bbbb; ccce; dddd; eeee This Statement ofBasis, Specific StatutoryAuthority and Purpose complies with the requirements ofthe Administrative Procedure Act, C.R.S. 1973, Section 24-4-103(4) for adopted or modifiedregulations.

The current provisions ofRegulation No.3., Part A and Part C both contain lists ofactivities and sources considered to be "insignificant" orexempt from reportingrequirements. OnDecember 29, 1995, the Commission proposed revisions to its existingRegulation No.3, Parts A and 

### C. Alternative proposals were submitted bymembers ofthe public, and after consultation, were endorsed bythe Division. Specific Authority
Section 25-7-114.1 provides authority to the Commission to identifyAPEN reporting requirements. Further, the rulemaking authority ofthe Commission is found in sections 25-7­ 105 to 109 CRS, as amended. The regulations ofthe Commission currently contain lists of activities and sources exempt from APEN and reporting requirements. On July 10, 1995, the U.S. EPA issued a White Paper designed to streamline and simplify the development ofPart 70, Title V permit applications. The White Paper explains that Part 70 provides permitting authorities considerable flexibility in defining certain activities or sources as "insignificant" upon proper showing ofsuch. The White Paper itselfcontains substantial lists ofactivities or sources which are insignificant for reporting purposes.

Page 69



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 2002 Weil Publishing for the State ofColorado 

### 25 CR 

### 12, 12-02 Page 

### 245 All Rights Reserved

Purpose
The addition ofthe following sources or activities to existing APEN exemption and reporting requirements serves a significant dual purpose and both the state and regulated community benefit from the alternate proposals. The revision ofexisting regulation avoids forcing an uneconomic and non-beneficial compliance requirement on the regulated community. Several of the following activities or sources are on federal lists as "insignificant," as well as those of neighboring states. These revisions are administrative in nature, and are not intended to affect air emissions. Non-road Internal Combustion Engines: Machinery utilized bythe construction and service industries such as various types ofpumps, light plants, compressors, and generators are powered byvarious sizes ofinternal combustion engines. Most are relatively small. Some emergencyequipment such as fire pumps are powered bylarger engines, but are operated infrequently. The exemptions listed above identify those within this category which have insignificant emissions. This exemption is consistent with other exemptions inthe regulation (see, for example, subsections k. and I.). As a practical matter, APENS have notbeenrequired from most ofthese machines in the past. The sizes ofmost of these engines are comparable to thethousands oflight and heavytrucks (gasoline and diesel powered) which travel theroads in this state without anyreporting requirements.
TheEPAproposaI ofMay 17,1990 (58 Fed. Reg. 28809) and theEPA study itreferences contains useful findings. It exempts all spark-ignition (gasoline, propane and natural gas powered) engines. Onpage 28816 oftheFederal Register notice, EPA finds that it did not propose manufacturing standards for spark-ignition engines because little to no emissionbenefit would be achieved for testing, record keeping and reporting requirements onthese engines. Cost burdens industrywould have to bearwould notbereasonable. It also found that test procedures have not been demonstrated to be capable ofaccuratelypredicting the levels ofhydrocarbons, carbon monoxide and particulate matter emissions generated by these engines in actual use. 

### In addition, the economics and failure problems associated with gasoline powered engines dictate that relatively small sizes ofgasoline engines are used for the light commercial equipment described above. As a result, all spark-ignition engines should be exempt from APENreporting and classified as an insignificant activity. The EPA studyfound that it could also exempt engines located on a trailer ortruck bed. These engines arerelatively small (dictated bytrailer size and carrying capacitylimitations) and power light commercial equipment, such as welders, compressors and generators, see page 28815 ofthe Federal Register notice. Largermachines aretypicallypowered bydiesel engines ofvarying sizes. A review ofemission factor data from AP-42 supports a division ofdiesel powered engines into three categories for APEN exemption purposes. Using emission factors from AP-42, expected emissions from a 175 horsepower diesel engine operating 24 hours perday, 7 days per week, 52 weeks peryear at a load factor of0.5 would present a "worst case" estimate under the 8760 hours peryear "potential to emit" methodology. The following emissions are calculated:

Page 70



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 246

-0.5 ton per year ofcarbon monoxide

..

# ~ -0.2 ton peryear ofhydrocarbons -0.2 ton peryear ofparticular matter -2.5 ton peryear ofnitrogen oxides -0.2 ton per year ofsulfur oxides
A 300 horsepower engine could operate up to 3 hours per day. or 1095 hoursperyear, and have the sameemissions as the 176 horsepower engines. Similarly, an engine up to 750 horsepower could operate 1 hourper day, or 365 hours per year and have the same emissions as the 175 horsepower engine class.
This approach is consistent with the approach taken by the EPA 

### in its Guidance Docwnent for "Calculating Potential To Emit for Emergency Generators," issued September 6, 1995. There, the EPA agreed that the use of8.760 hours peryear for calculating the potential to emit for emergency generators did not control. Instead, EPArecommended that the potential to emit be based upon an estimate ofthe maximwn amount ofhours the generators could operate based on a case-by-case basis wherejustified bythe source ownerorpennitting authority. Surface water storage impoundment ofnonpotable water and storm water evaporation ponds: Chemical analysis and observation ofthese sources has consistently demonstrated that they are a negligible emission source ofanyregulated airpollutant. Non-potable waterpipeline vents: Proper flow through ofnon-potable watermaintains these sources as insignificant. Proper flow keeps the water in line from becoming septic and therefore a negligible source ofanyregulated 

### airpollutant. 

### I.A.1. Steam vents and safetyrelease valves: Safetyrelease valve vents enable immediate reduction ofpressure in steam lines. Emissions out ofthe safety valves consist only ofpure water vapor. 

### IA.2. Deaerator/vacuwnpump exhausts: These are negligible sources ofemission ofanyregulated 

### airpollutant. 

### I.A.3. Seal and lubricating oil SYStems for steam tmbine electric generators: Atmospheric vents exist in coal-fired utility turbine lube oil systems enable removal ofwater vapor from lube oil return lines from the tmbine and generatorbearings. This enables atmospheric pressure operation oflube oil storage tanks. These are not storage systems, but actual service operations. Calculations reveal that these activities would emit less than one ton ofVOC's a year, per facility.

Page 71



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS

### c 2002 WeB Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 247 All Rights Reserved

I.A.4. Venting ofnatural gas lines for safetypurposes: To enable the safe delivery offuel gas to the utility boilers, and provide the abilityto safely purge natural gas from fuel lines within a generationbuilding, vent lines exist to allow the intennittent discharge ofnatural gas to safe areas away from personnel and ignition sources. The intennittent discharge ofnatural gas would occur during start-up and shutdown ofthe natural gas supplyto generating unit burners to purge air or natural gas from thepiping system within the generation building. These activities are not expected to emit more than one tonofVOC's ormorethan 110pounds ofhexane ayear. Sulfuric acid storage tanks not to exceed 10,500 gallons capacity and sodium hydroxide tanks: Sulfuric acid and sodium hydroxide, used to control pH, are stored in tank systems vented to the atmosphere. These vents will exhaust vapor from a tank system through vapor extraction and contraction because ofchangesin temperature and barometric pressure. These losses, which are referred to as breathing losses, occur without any significant change in liquid level inthe tank, and are negligible. Waste lubricating oil storage tanks not largerthan 40,000 gallons and lubricatingoil conditioning systems: Low volatility waste turbine and motor lube oil generated byutilityplant machinery and mobile heavyequipment is stored in tanks. These tanks are equipped with atmospheric vents onthe tops ofthe tanks. Emissions through these vents are expected to occur during the filling and emptying ofthetanks. These emissions contain trace amounts ofVOC's, with no otherreportable emissions expected. Based on the low annual throughput ofthese tanks, emissions are insignificant, assuming that the tanks are emptied approximately five times peryear or less.
Colorado Utilities Coalition for Clean Air

- Part A, Section D.E.1 This Statement ofBasis, Specific StatutoryAuthority and Pwpose complies 24-4- with the requirements ofthe Administrative Procedure Act, C.RS. 1973, Section 103(4) for adopted ormodified regulations.

The current provisions ofRegulation No.3, Part A, Section D.E.I, were designed to postponereporting ofnon-crlteria reportable pollutants by sources such as utility and nonutilityindustrial boilers and small municipal generators pending the results ofongoing studies being conducted byEPApursuant to section 112(n) ofthe federal Clean

### Air Act. EPA was directed byCongress to complete those studies within three years afterenactment ofthe federal act, i.e., byNovember 15, 1993; however, EPAhas yet to do so. Both the Commission and theregulated communitywere hopeful that EPA would be able to finish its work bythe fall of 1995 so sufficient time was available for utilities to meet the original December 31, 1995 deadline. The EPA did not meet that deadline, and the Commission granted a deferral until June 30, 1996. TheEPA study is now the subject of
Page 72



### CODE OF COWRADO REGULATIONS 5 CCR 1001-5

### Page 248

further delay due to one ofthe individual constituent hazardous air pollutant studies and the extensive federal government furloughs in both late 1995 and early 1996 that substantially contributed to further delay the study's progress. Specific Authority
Section 25-7-114.1 provides authority to the Commission to identifyAPEN reporting requirements. There currently are no federal reporting requirements concerning emissions ofnon criteria reportable pol1utants (NCRPs) or hazard<1us 

### air pollutants (HAPs) from boilers. The current state regulations exceed federal regulatoryrequirements with respect to APEN reporting ofemissions. Purpose
A short postponement ofthe amended deadline serves a significant dual purpose andboth the state and the regulated community benefit from a deferral in this instance. The postponement avoids forcing an uneconomic and non-beneficial compliance requirement at this time on the regulated community. Since there are no compliance obligations respecting HAP emissions from boilers, either in effect orproposed, EPA and Division interpretations provide that an applicant for a Title V operating permit need on1y list

- not estimate quantities ofemissions of

- HAPs reasonable believed to

# t>e contained in the boiler emissions in an application for an operating permit. 'This revision is administrative in nature, and is not intended to affect 

### air emissions. l.Q. Adopted March 21,1996
Part B, Section m.D.l.f, Section IV.C.1.e, Section IV.C.Lf, and Section IV.C. The changes to Regulation No.3 were adopted in order to make it clear that the redesignation ofthe Denver metropolitan area as an attainment maintenance area for ozone does not change the requirement for gasoline stations inthe Denvermetropolitan area are to obtain a construction permit.
Section m.D.I.fappears to imply that, upon suchredesignation, gasoline stations in the Denver area would not 

### be required to obtain a permit because that area would become an attainment area. However. Section m.D.5 goes onto provide that such exemptions do not applybecause gasoline stations are subject to theRACT requirements ofRegulation No.7, section VIB.3.b. The purpose ofthe revisions is simply to make it clear from the text of Regulation No.3, Part B, Section m.D.l.falone that gasoline stations in the Denver area are still required to obtain a construction pennit. Therevisions to Sections IV.C.I and IV.C.4 were necessaryto ensure that permits for de minimis exemptions from, and alternative means ofcompliance with, the requirements ofRegulation No.7 are subject to review and comment by the public and byEPA. Such comment and review is necessarybecause the sections l.A. and 1I.D ofRegulation No. 7 provide the agency with the authority to revise the requirements that apply to a source without revising the SIP. The SIP requirements were

Page 73


### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 

### 2002 Well Publishing for the State ofColorado 

### 25 CR 12. 12-02 Page 249 AU Rights Reserved

developed and adopted following review and comment byEPA and the public. It follows that any change in those requirements with respect to any source or categoryofsources should also be subject to suchpublic comment and review. The specific statutory authority to amend this regulation pertaining to exemptions from permit requirements is 

### set out at 

### § 25-1-114.2. Further statutory authority can be found in the Commission's authority to redesignate the area because such redesignation must include an approvable maintenance plan. The specific statutory authority topromulgate the rules necessary for redesignation is setout in 

### § § 25-7-105(1Xa)(l) and (2); -106(1)(a); -101 (1) and (2.5); and -301. lbisrevision to Regulation No.3 is not intended to red'ice airpollution and will have no regulatory effect on anyperson, facility oractivity. F I·fi· C d d th 1 . DII

orc an canon, the omnusslon a opte ese regul anon revISIons as o ows: REGULAnON REVISION OZONE SIP AND MAINTENANCE PLAN Part B, Section m.D.l.f Exists in Appendix C ofthe Ozone Maintenance Plan to be come a part ofthat document approved March 21, 1996 Part B. Section IV.C.1.e and f; Section 1V.C.4 Adopted as subsequent regulation revisions to be submitted to the Governor and EPA Separately and concurrently as a revison to the SIP (and Maintenance Plan).
lR Adopted JUNE 20, 1996

PartA, Section V.C.l.f(Fees Correction)

This revision corrects an erroneous regulation change requested bythe Division in response to an EPA letter ofSeptember 19, 1994, which provided comments on therevisions to Regulation NO.3 for the operating permit program. The comment made byEPA was for clarification. not a requirement that the State should notcharge for fugitive emissions. The changerequested bythe Division 

### in 1995 included the term fugitive emissions 

### in the paragraph ofexclusions from the definition ofregulated pollutant. Because ofthis change, the Division's authorityunder the statute to charge annual fees for fugitive emissions became confused which affected the Division's ability to cover its operating costs through fees. The regulation text also no longer conformed to section 25-7-114.7, as revised in the 1996 legislative session. Authority
Section 25-7-114.6.(3), C.RS., requires that therevenues from fees collected by the division approximate the annual appropriations to the division to carry out its duties with respect to stationary sources. Section 25-7-114.1, C.RS.,requires imposition ofan annual emission fee on stationary sources, and defines whatis a regulated pollutant for purposes ofthese fees.

Page 74



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 250

Purpose
These changes address an erroneous March 1995 revision made with respect to the charging offees for fugitive emissions. The revision specifically exempted fugitive emissions and would significantly reduce the Division's ability to collect fees sufficient to cover duties with respect to stationary sources. In 1992 the General Assemblyprohibited imposition ofannual fees for fugitive dust or fugitive emissions as those terms were defined at the time in "commission rule lB.l ofregulation number 3,5 CCR 1001-5." That rule defined only fugitive dust and the March 1995 regulatory revision inadvertently addressed fees on fugitive emissions as well. This rule conforms the regulation to statute, and eliminates any ambiguitybetween the two. Moreover, during the 1996 legislative session, the legislature in HBl271 amended Section 25-7-114.7{l) to clarifY the authority ofthe Commission to assess fees for fugitive emissions. TheCommission intends that all forms of"fugitive dust," regardless ofwhether the dust is ofa size orsubstance to adversely affect public health or welfare, is excluded from the definition of"regulated poJlutant", for purposes ofannual fees.
The Commission determines that these revisions are administrative in nature and are not intended to reduce airpollution.

I.S. AdoptedJune 20, 1996
Sect Part A, Section lB.9, 59, Section V.C.I2; Part B, Section ill.D.2; Part C, Section n.A.b, ion VI.A, E, H.3 and Section Xll.A.l ; Appendices 

### B, C and D for Hydrogen Sulfide Background
TheDivisionrequests thattheCommissionadoptchangestoPartsA and C andthe Appendices within Regulation No.3 tobetterreflect current EPAimplementation ofthe Title V operating permit program. These changes include: (1) noting that a source major only for Total Suspended Particulate (TSP) 

### is not required to obtain an Operating Permit in Part C; (2) deletingtheHazardous

### AirPollutantreferencebesidethepollutantHydrogen Sulfide (H2S) in Appendices B, C, and D ofRegulation No.3 to reflect the federal delisting ofthis pollutant, and; (3) expanding the definition of"applicable requirement" in Part A to clarify that EPAissued PSDpermits are applicablerequirements of theOperatingPermitProgram. A discussion ofeach ofthese changes follows.
Thecurrentnotation underRegulationNo.3,PartC Section

## n.A, General Considerations, lists all majorsources asbeingrequired to obtainOperatingPermits. TheEPAhasissued awritten guidancedocumentindicatingthatthedefinition ofregulated airpollutantforpurposes of Title V applies onlyto emissions ofPM-l0, and notTSP. Thecurrent requirementsreflected inPart C, Section n.A.l.b do not reflect the federal program requirements.

Page 75



### 5 CCR 1001-5 CODE OF COWRADO 

### REGULATIONS(Q 2002 WeiI Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 251 

## An Rights Reserved

Currently, H2 S is reflected as aHazardous AirPollutant in AppendicesB, C, and D. TheEPA stated that the inclusion ofH2 S on the federal Jist was a typographical error and removed the pollutant from the federal list. Asa result ofthereferenceto H2S as a hazardous airpollutantin the Appendices, sources emitting H2S have been charged annual fees for HAPs and sources major for H2S emissions could be required to get an Operating Permit.
The current definition ofapplicable requirement in Part A, Section lB.9.a does not provide authority forEPA-issued PSDpermitstobeincOlporated into OperatingPermits. Thedefinition of"applicablerequirement" in Part 70 ofthe federal**pr~** includes pernlits issuedbyEPA. The State needs this regulatory change to make the rules consistent with the federal law. Currently, regulated entities subjectto theserequirementscanobtaina permitfrom EPAorcan voluntarily have the requirement placed in their Title V pennits, but this situation does not support the intent behind the Title V program. Specific Authority
The specific authority for changes to this regulation is fOlmd 

### in the Colorado Pollution Prevention and Control Act. Section25-7-105( 12)providesauthorityto promulgate regulations which are necessary to implement the minimum elements ofTitle V. Section 25-7-103(1.5) allows the Commission to define air pol1utant consistent with the federal act. Section 25-7­ 114.4(1 )(1) and Section25-7-114.4(3)(a) provide authority forpromulgatingregulations for the effective administration of construction and operating permits, and complying with all applicable requirements for operating permits. Section 25-7-114.5 provides authority for evaluating permit applications to determine whether operation and emissions comply with all applicable emission control regulations. Relevant federal law includes 42 U.s.c. Section 7661a(b)(5)(A), and 40 C.F.R. Sections 70.J(b), 70.3, and 70.6(a)(l) regarding applicable requirements. Commission action in making changes toRegulation No.3 is taken pursuant to the above statutoryprovisions. Pw:pose
Theamendments adopted bytheCommission add language 

### in RegulationNo.3,PartC, Section D.A.1.b indicating that a source that is major only for TSP is not required to receive an Operating Permit. This amendment ensures conformitywith the federal law. Theamendments delete thereference 10 Hazardous AirPollutantnoted nextto hydrogen sulfide inAppendicesB, C, and D. This ensuresconsistencywith theFederal delisting and eliminates the potential confusion for sources that will be major only based on emissions ofhydrogen sulfideas a Hazardous Air Pollutanllo obtain an Operating Permit. The amendments expand thedefinition ofapplicable requirement in Part Ato includethosepermitsissuedbyEPAunder Part C and Part D ofthe federal act. This ensures conformity with the federal law.
Theamendmentscorrect a few typographical errorsthatexistedinRegulationNo.3,Parts 

### A,B, andC.

Page 76


### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS

### Page 252

Finally, the amendment to Part C, Section ll.A.t.b, regarding TSP, is administrative innature and is intended to reflect current EPA policy; it is not intended to reduce air pollution. The amendment to Part A, Section I.B.9.a, regarding the definition ofapplicable requirement, is administrative in nature and reflects the requirements ofPart 70. This action regarding the definition ofapplicable requirement maximizes air quality benefits in the most cost effective manner by enabling sources to incorporate federally-issued PSD permit into their Operating Permit. Thereby, these sources will only be reporting to one enforcement authority. These revisions applicable to Part C are not 

### to be submitted aspart ofthe State ImplementationPlan.
I.T. Adopted OCTOBER 24, 1996
Generic PartA, Section V, (with RegulationNo.5,
EmissionsTrading and Banking This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements oftheColoradoAdministrativeProceduresAct, section24-4-103, C.RS.and the Colorado AirPollution Prevention and Control Act, sections 25-7-110, 25-7-110.5 and 25-7­ 110.8, C.R.S.

The Division has worked with the emissions trading and banking subcommittee to develop RegulationNo.5 and revisions to RegulationNo.3 forthepurpose ofimplementing anEPAapprovable emissions trading program. The subcommittee has developed a trading rule combining elements from the existing EPA guidance and the prior Commission rule. The subcommittee spent a great deal of time discussing the issues around the possible uses for credits, how credits could be certified, and how they should be traded and tracked.
Emission reduction credits are intended to be granted only for reductions beyondcompliance levels which are actual, quantifiable, surplus and enforceable. This rule is not intended to imposeadditional control1imitationsonsources. Theruledoes imposerequirementsto ensure that thesebasic criteria are met in orderto guarantee that the source flexibility affordedbythis program does not occur at the expense ofair quality.
Thisruleisa revisionto theSIPdone onlyundertheCommission's general authority. Thus,the trading andbankingrulewillnotbestateenforceableuntil afterlegislativereview. Section25­ 7-133(2), C.R.S. Additionally, because EPA must approve this change into the SIP, the Commission finds it appropriate to delay the effective date of these revisions until EPA approval as a SIP revision. This will provide the sources that might wish to participate the assurance that therule is approved and thatthe credits areuseablepriorto the implementation oftheprogram. The existingtradingprovisions in RegulationNo.3 will remain in effect until the new trading rules are approved by EPA. These constraints onthe effective date ofthese revisions are reflected in the rule text approved by the Commission. In addition, in order to

Page 77


### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 2002 Weil Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 253 All Rights Reserved

avoid confusion aboutwhatportions ofthe regulations are effective until EPA approval ofthe SIP change, the parts ofRegulation No. 3 which will be repealed are printed in italics.
State implementation plans are to include, among other things, enforceable emissions limitations and other control measures, means or techniques to meet the requirements ofthe Clean AirAct. These aretoincludeeconomic incentivessuch as fees, marketablepermits, and auctions ofemissions rights. 42 U.S.C. 7410(a)(2)(A). These regulation revisions are being submitted as a SIP revisionpursuant to the foregoing Clean Air Act requirements.
The following issues were identifiedbythe subcommittee and noticedbythe Commission for furtherconsideration. The Commissiondiscussed andresolved these issuesinthecourseofthis rulemakingproceeding and makes the following findings regarding these issues.
Issue: Once used, does a permanent emission reduction credit (ERC) everexpire? Some believe that an ERC once used, even iffrom a permanentreduction, should expire after someperiod (e.g., 20years). Conclusion: The Commission, based onthe experience in theprevious trading rules, decided that the permanent credits shall not expire after they are put into use. 

### I.A.5. Issue: Should a decrease in electrical demand be usable to generate emission reduction credits? Conclusion: Because of the existence and operation of the national electrical grid system, the Commissionbelievesthat it wouldbefartoodifficultto verifythatthere had beena decrease indemand (adecreaseinactual emissions)andnot a variationinthegrid structure, andtherefore at thistime finds itis inappropriateto allow a decreaseindemand to generate ERCs. 

### 1.A.6. Issue: As the proposed rule is written, inter-pollutant trading is allowed on a case-bycasebasis subject to Division approval. The subcommittee and the Division recognized that a universal or standard protocol for approving such trades wouldbe desirable, but that no officially-approved protocols for any inter-pollutant trades exist. Conclusion: The Commission agrees that there is currently insufficient scientific information availableto support inter-pollutant trades inmost cases. In orderto ensure that theDivision staffis notplaced

### intheposition ofhaving to develop informationand protocol to support an inter-pollutant trade proposal, the Commission finds that the burden ofproving the acceptability ofan inter-pollutant trade shall be placed on the source.
Becauseofconcerns expressedbythe EPAthattheprotocol forinter-pollutanttradesbas notyetbeendeveloped, the language ofV1.B. was amended to allowproponentsofsuch trades the opportunity to make their case to the Division and EPA for approval. This amendment attempts to address the EPA concern.

Page 78



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 254

I.A.7.

I.A.B.

!'A.9.

Page 79



### 5 CCR 1001-5 Issue: The proposed rule states that temporarycredits must be credited and traded within the same "season" for seasonal pollutants. Should temporary credits be allowed to be traded from a season oflower concern to a season ofhigher concern? Conclusion: The Commission fmds that theuse oftemporarycredits shouldberestricted to the same season in whichtheywere generated, ora seasonoflowerconcern. This will help mitigate any significant increases in seasons that may cause a violation of the NAAQS.
Issue: At this time no internal provisions exist for program development and implementation. How should the cost ofthe program implementation and development be addressed? Conclusion: The Commission acknowledges thattheDivision will monitorthe activity in the trading program and. ifneeded. legislative fee authority will be sought. Fees for permit changes required by this rule will be charged pursuant to Regulation No.3. Nevertheless, the Commission acknowledges that resources are not currently available and funding may be needed for this program. Issue: Should the rule contain procedures or criteria specific to trading Hazardous 

### Air Pollutants (HAPs)? The subcommittee and the Division agreed not to address this issue ofHAPs in the proposed rule. Conclusion: The Commission is concerned that use ofERCs for criteria pollutants that contain or consist of HAPs could unduly increase the risks to communities and the environmentinthevicinityofthe credit-using source. Assessingrelativeriskisdifficult, time-consuming and highly fact-specific to a particular source and trade. In 

### order to address this concern, the Commission adopted Section 

### VIG.8 that requires that the HAPs reduced to generate the ERC must be ofequal or greater toxicity than the HAPs contained in the emissions for which the ERC will be used in lieu of satisfYing an applicable requirement. Section 

### Vl.G.8 does not operate as an emissions control regulation on any HAPs, but is simply a limitation on participation in the trading program. Issue: How is the base emission rate sct? 

### In order to show the level ofactual emissions at a source before reductions for which credits are claimed, a period representative ofnormal operating conditions must be used. Conclusion: The Commission adopts provisions that require using the last twelve months' actual emission rate unless the last twelve months are not representative. The source maypropose to theDivision to use anyconsecutive twelvemonths inthe last ten years asmorerepresentative ofnormal unit operations. This allowsmost sources touse a period which the Commission believes is likelyto berepresentative of normal operating conditions. Where the source can show that the period is not representative, the rule allows source flexibility in determining their pre-reduction actual emissions.



### CODE OF COLORADO REGULATIONS02002 Weil Publishing for the State of Colorado 

### 25 CR 12. 12-02 Page 

### 255 All Rights Reserved 

## =

1.A.10. Issue: Should the Commission give authority to the Division to allow discounts from the ten percent contribution ofemission reductions for air quality benefits for generators that participate in a voluntarypollution prevention program orother voluntary "beyond-compliance" programs? Should a generator be allowed to contribute only five percent ofits their emissions reductions for air quality benefits as an incentive for participation in pollution prevention programs? Conclusion: The Commission agreed to provide such flexibility to the Division for generators thathave voluntarilyadopted comprehensive and facility-wide environmental programs such as a Pollution Prevention Program or other similar voluntary "beyondcompliance" programs. 

### I.A.11. Issue: Should ERCs be used to satisfy Best Available Control Technology (BACT) or Lowest Achievable Emission Rate (LAER) requirements where a source triggers PSD or nonattainment New Source Review and must install BACT or LAER control technologies? Recent reports in the national press have indicated that EPA is giving serious consideration to allowing ERC use for BACT as it attempts to move away from command-and-control approaches to more contemporarymarket approaches. Conclusion: The Commission believes that ERCs may appropriatelybe used in lieu of theemissions reductionswhich wouldotherwisebeachieved byapplication of the BACT technologyrequirements in situationswhere such technologyrequirements are notcosteffective orexacerbate otherpollutant emissions, and the use ofanERC would achieve the samepurposes more efficiently. h1 such instances, itwill beincumbentonthe source to demonstrate that such a situation exists. 

### In any case, however, the other PSD provisions and required analyses would apply to the source. PSD requirements are performed on future allowable emission rates. Because ofconcerns about the use of ERCs forBACTrequirements, althoughtheCommissionhas allowed ERCstobe

### used to meetBACTrequirements in limited instances, itbelievesthatthisprovision shouldonly be applied prospectively for new BACT requirements and not to allow a source to remove BACTwhere ithas alreadybeeninstalled. TheCommission concludes that use ofERCs in lieu ofemissions reductions from LAER is not appropriate because ofthe potential impacts on nonattainment areas.

Page 80


### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 256

I.A.12. Issue: How will the local effect of"hot spot" pollutant trades be analyzed to prevent a local criteria pollutant exceedance due to emission credit transactions? Should the rule require modeling ofcriteria pollutants to assure there are no exceedances ofthe National Ambient Air Quality Standards?Conclusion: The Commission adopts the language in section VI.G.7 ofRegulation No.5 requiring modeling for all trades in order to ensure that trades do not cause orcontribute to a NAAQS exceedance, an increment exceedance, or any violation ofa required SIP provision. 

### As that section reflects, the source mayrequest that the Division waive the modeling requirement if the source can document to the Division's satisfaction that the tradeltas a negligible impact. I.A.13. Issue: How and who modifies the conformitybudget for intersector trading? With mobile to stationary source trades, does the emissionbudget increase afterthe life of the credit has expired, and how is this accomplished? Conclusion: The Commission has provided for ERCs to be available to satisfy conformity requirements in accordance with the federal rules. The Transportation Conformityrequirements (40 CFR Parts 51 and 93) presently allow for trades among emissionsbudgets where either a SIPrevision ora SIP establishes mechanisms for such trades. 40CFR §93.124(c). TheColoradoemissions tradingrule isintended to bea SIP revision establishing such a "mechanism" to allow for such trades.
The Commission recognizes that, if mobile source emissions rise above the mobile source emissions budget in the state implementation plan, a plan revision may be necessary as otherwiserequired bystate and federal law

. I.A.14. Issue: What becomes ofthe "buffer" between a credit-generating source's potential to emit and its actual emissionsbefore the reduction for which the credit is claimed? Does the generator getto keep a portion, all, or none ofit? Conclusion: The Commission finds that methods exist to allow a source to retain the operatingflexibility from apre-reduction "buffer." Whena source wants such flexibility. it may claim credits for less than the entire reduction in emissions accomplished; the differenceconstitutes anew "buffer." A sourcemayusetemporary creditstomeet shortterm operating needs.
These methods retain flexibility for the source without relying on "paper reductions." The Commission concludes that it is imperative that reductions for which credits are granted must be actualreductions. Allowing a source to retain a buffer from within the credits granted, as proposed by the Colorado Association ofCommerce and Industry, would result in credits for "reductions" which 

### did not actually occur. This result is unacceptable, particularly because sources determine their own pennitted emissions levels when theyfile their AirPollution Emission Notices.
Forexample, a source with a ninety-five ton peryearpennitted level that actually emits fiftytons reduces its emissions to forty tons. The source should take a new pennitwith a
Page 81



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS@! 2002 Weil Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page2S? All Rights Reserved



### I.A.1S.

I.A.16. level between forty and fifty tons (e.g., forty-five tons) so that the source has a five ton buffer. The source may then fluctuate its emissions between forty and forty-five tons withoutviolatingthepermit, and generatetemporarycredits for anyemissionsreductions below forty-five tons.
Inorderto ensurethatreductions are actual, anERC-generating source will notbe able to increaseitspennitted emissionsinthe absenceofa processorcontrol modification. The source cannot, for example, simply file an APEN with higher emissions estimates and thereby increase its permitted emissions. The effect would be to allow emissions for which creditswere already granted, resultingin "paperreductions." Thisconsequenceis unacceptable.
Issue: Should a closer relationship be established between emission trades and the various pollutant-specific SIP elements? With regard to the spatial distribution of emissions, the rule as proposed did not acknowledge any sub-regional emission budgets, dispersion modelingrequirements, orother spatial considerations contained in attainment and maintenance demonstrations for specific SIP elements. Conclusion: The original proposedregulation did not have a modeling requirement for ERC use. The Division subsequently proposed that modeling be required prior to an ERC use unless the source requests that such modeling be waived and the source can show that the ERC usewould have a "negligible" impact. TheColorado Associationof Commerce and Industry expressed a concern that the Division would require costly or unnecessarymodeling in most cases. This concern stems from the lack ofdefinition of what is "negligible" in thejudgment ofthe Division. The Commission believes that modeling should only be required where the location orcircumstances ofthe ERC use wouldreasonably

### beexpectedto causeorcontribute to a NAAQSviolation, anincrement exceedance, orviolation ofa SIP provision such as neara "hot spot" in a nonattainment area or where ambient conditions are within 5% of any applicable standard. The Commission, based on the explanation offered by the Division, believes that the modelingrequired bythe rule as adopted will adequately address this issue.
Issue: Should the emission trading rule clarifywhethertrades can take place among different air sheds!

### Air QualityControl Regions. Conclusion: The Commission adopts two levels oflimitationsonthegeographic scope oftrading. First, trades are limited to sources within the same nonattainment area or from a source in a nonattainment area to one in an attainment area. Second, all trades must be between sources within the same PM-IO PSD areas. These limitations are intended to avoid excessive impacts on local communities and Class I areas from longdistance trades.
In addition to the issues discussed above, the Commission also considered concerns about granting ERCs for emission reductions which occurred in the past. This rule allows a sourceto usecreditsgeneratedundertheoldrule andto seek creditcertification

Page 82


### 5 CCR 1001-5 CODE OF COWRADO REGULATIONS

### Page 258

for reductions which occurred priorto adoption ofthisrule. However, the Conunission wantsto emphasizethatpast emission reductions which havebeen used to demonstrate attainment or reasonable further progress for SIP purposes are not eligible to qualify as ERCs.
The Commission recognizes that use ofERCs in lieu ofcompliance with an emission limitation mayraisepublic concerns in the vicinityofthe credit-using source. For this reason, the rule anticipates that notice to the Division will be required prior to use of ERCs. PermanentERCusemustbeaccomplished through a permitcltange. Temporary ERC use may occur only after an APEN is filed with the Division. Each of these documents is availabletothepublic. Notices ofERCusewillbepublished ontheERC Trading Network by the Division. The provisions ofRegulation No. 3 requiring and allowing public notice and comment ofproposed permits and modifications will also apply to permit actions to approve use ofERCs. The Commission believes that use of theDivision's discretion to seekpublic conunent needs to be supplemented in orderto provide sufficient information to the public regarding proposed uses of ERCs. Accordingly, the Commission has included a requirement that the Divisionnotify local governments in the affected area when the trade will result in the use ofERCs which wouldexceed thethreshold for, orotherwisetrigger,publicnoticeandconunentpursuant to section N.C.I ofPart B, Regulation No.3. The Commission anticipates that local governments will be able to use this notice to schedule informational meetings for citizens, which Commission members and appropriate Division staff will be able to attend. TheCommission also emphasizes that theDivision should exerciseappropriate discretion to provide public notice and comment for trades that involve HAPs, which would 

### be implemented by notifying the local govemment pursuant to the process described above.
TheCommissionelected toprecludetradingofelemental leadbecauseofthatpollutant's particularcharacteristicsandmodifiedthedefinition of criteriapollutantforthepurposes ofthis regulation.
The Commission included Section N .A.I.d. in this regulation to ensure that ERCs are granted only for real overall reductions in emissions. This provision ensures that reductions will be creditable only ifthe emissions are not replaced in the airshed by anothergeneratorina business oflikekind. In orderto assurethat thisprogramdoesnot grant credit for "paper" reductions, the rule prohibits generating ERCs where this business shiftwillreplace emissionswithin the sameairshed. Thisdeterminationwillbe made on a case-by-case, fact-specific basis. Specific StatutoryAuthority
These regulation revisions are adopted under the general authority ofthe Conunission found in section 25-7-105(1), C.R.S. and are consistent with 42 U.S.C. 7410(a)(2)(A).

Page 83


### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 2002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 259 All Rights Reserved

Purpose
This rule was proposed in order to provide the maximwn flexibility for sources in meeting the state and federal requirements outlined under the possible uses for credits. The Commission makes the following findings in regards to the adoption of this regulation:
I. The Commission has considered, and has based its decision, on the reasonablyavailable, validated, review.ed 

### and sound scientific methodologies and information made availablebyinterested parties. 2. Wheretheserevisions arenotadministrativeinnature,therecord supports the conclusionthattheprovisions adoptedwillresult in a demonstrablereduction in air pollution. This reduction is accomplished through the retirement of 10% ofthe achieved reduction in emissions. 3. The revisions selected maximize the air quality benefits of the emissions standards thatapply. Therevisions selected are themostcost-effectivebased on the documents submitted by the parties under section 25-7-110.5, and provide the regulated community with flexibility in meeting emissions limitations. Althoughtherequirement forincreased emissionsmodelingmay impose additional costs, the Commission believes 

### this requirement is necessaryto ensurethatnoviolations ofairstandardswill occuras a resultof usingERCs.


### IV. Adopted November 21,1996

- Appendices B, C

This Statement of Basis, Specific Statutory Authority 

### and Purpose complies with the requirements oftheColoradoAdministrativeProceduresAct, section24-4-103,C.R.S. and the Colorado Air Pollution Prevention and Control Act, section 25-7-110.5, C.R.S.

Regulations 3, 7 

### and the Common Provisions establish lists ofNegligibly Reactive Volatile Organic Compounds (NRVOCs). Therevisions adopted update thelistofNRVOCssothatthe state listremains consistentwith the federal list. Additionallybecauseperchloroethylene will no longerbelisted as a VOCinRegulationNo.7, Section

# xn, Control ofVOCEmissions from DryCleaningFacilities using Perchloroethylene as a Solvent, is being deleted. Regulation No.8 

### and 3 list the federal Hazardous AirPollutants (HAPs). 

### In the June 8,1996 Federal Register the EPA removed Caprolactam (CAS 105-6Q..2) from the federal list of Hazardous AirPollutants. Theconforming changesinRegulation No.3 AppendicesB,C and D have been made to keep the list offederal HAPs in Regulation No. 3 consistent with the federal list. The list ofHAPs inRegulation No.8 hasbeenremoved and a reference to the list in Regulation No.3 has been added.

Page 84



### SCCR 1001-5 CODE OF COLORADO REGULATIONS

### Page 260

Specific Statutory Authority
TheColorado AirPollutionPrevention and Control Actprovidestheauthorityfor the Colorado Air Quality Control Commission to adopt and modify Regulations pertaining to organic solvents and photochemical substances. Section 25-7-109(2)(f) and 25-7-109(2)(g), C.R.S., grantthe Commissionthe authoritytopromulgateregulationspertainingto organic solventsand photochemical substances. Sections 25-7-105(1){I)(b) and 25-7-109(2)(b)provideauthorityto adopt emission control regulations and emission control regulations relating to HAPs respectively. The Commission's action is takenpursuantto authority granted and procedures set forth in sections 25-7-105, 25-7-109, and 25-7-II0,-C.R.S. Purpose These revisions to Regulations No.3, 7, 8 and the CommonProvisions are intendedtoupdate the state lists ofNRVOCs, the Ozone SIP, and HAPs for consistency with the federal lists.
IV. Adopted November 18, 1999

- Part C IncorporationbyReference ofNew andRevised Federal Regulations ConcerningCompliance Assurance Monitoring (40 C.F.R. parts 64, 70, and 71) into Colorado Air Quality Control CommissionRegulation No.3, Part C, Addition ofSectionXIV. Background
This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements ofthe Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted ormodified regulations.
Pursuant to Section 114 of the 1990 Clean Air Act Amendments ("CAAA"), the U.S. Environmental Protection Agency ("EPA")promUlgated new regulations in40C.F.R. part64 and revised regulations to 40 C.F.R. parts 70 and 71 to implement compliance assurance monitoring ("CAM'') for pollutant specific emission units at major stationary sources ofair pollution that arerequired to obtain Title V operatingpermits. The requirements imposed by theCAMrule are separatefrom therequirementsofEPA's "periodic monitoring"rule found at 40 C.F.R. Section 70.6(a)(3)(i). The periodic monitoring rule requires that each operating permit contain any emissions monitoring or test methods already required by an applicable requirement including any "periodic monitoring sufficient to yield reliable data from the relevant timeperiodthat arerepresentativeofthe source'scompliancewiththepermit

... such monitoringshallassureuse ofterms,testmethods, units, averagingperiods, andotherstatistical conventionsconsistentwiththe applicablerequirement" See40C.F.R. Section 70.6(a)(3)(i)(B) (emphasis added). Subject to certain exemptions, thenew CAM regulations require owners oroperators ofsuch sources to conductmonitoringthat satisfiesparticularcriteriaestablished intheruletoprovidea reasonable assurance of compliance with applicable requirements of the Act. Monitoring requirements contained in the rules focus on emissions units that rely on pollution control

Page 85



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS

### c 2002 Well Publishing for the State ofColorado 

### 25 CR 12. 12-02 Page 261 All Rights Reserved

equipmentto achieve compliancewith applicablestandards. TheCAMregulations alsoprovide procedures for coordinating these new requirements with the Operating Permits Program regulations.
The CAM regulation generally will not require implementation ofits requirements for most units subject to CAM until the first round ofTitleV permit renewals, which will generally be five years after initial Title V permit issuance. The foIJowing table reflects the schedule by which CAM plans must be submitted by owners and operators 0fITted a ect emissIons urn 'ts: Pollutant Specific CAM Plan Due as part CAM Plan Due as part CAM Plan Due as part Emission Unit (pSEU) ofthe Operating ofthe Operating ofthe Operating Size Permit INITIAL PermitREVISION Permit RENEWAL Application Application Application "Large" PSEU (see 40 

### IfTitle V permit 

### Ifa significant permit 

### IfTitle V permit C.F.R. Section application is not revisionI at an existing application was 64.5(a» completeby4/20/98 TitleV source completebefore OR ifPSEU part ofa 4120/98 greenfield permit application after 4120/98
"Other" PSEU (see 40 Never Never Always C.F.R. Section 64.5(b»

Intheeventofa significant proposed operatingpermitmodificationthatmaytriggertheearlier applicationof the CAMrule,therule's provisionsonlybecomeapplicablewithrespecttothose pollutant specific emissionunitsfor whichtheproposedoperatingpermitrevisionisapplicable. See 40 C.F.R. Section 64.5(a)(2).

Regulations to implement these CAAA mandates were originally proposed in 1993 as the "enhancedmonitoring"program. Theenhancedmonitoringproposal focused onmonitoringair emissions as a means ofensuring source compliance with CAAA emission limitations and operatingpermitconditions. Major sources emitting either criteriapollutants orhazardous air pollutants would have been regulated under the program. The EPA received approximately 2,000 comment lettersto theenhancedmonitoringproposal. Inresponse to thesecomments and througha seriesofstakeholdermeetings, the agencydecided to redesignthepart64program. In

1. "significant permit revision" is defined as "significant permit modification" in Colorado Air Quality Control Commission Regulation No.3, Part A, Section I.B.36.h. This definition is subject to change when the federal part 70 revisions are promulgated and adopted by the Colorado Air Quality Control Commission.
Page 86



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 262

1995, theEPApromulgated a revised draft part 

### 64 rule, which is nowknown asthe CAMrule. The [mal CAM rule was promulgated on October

### 22,1997.
The Commission heard testimony from members ofthe public who were concerned that the implementation ofthe rule would have the effect ofmaking existing applicable requirements more stringent. It is the Commission's understanding however that this isnotthepurpose nor shouldbetheresultofimplementationoftheCAMrule. InadoptingtheCAMrulebyreference, the Commission does not intend that existing applicable requirementsbecomemore stringent. Authority
Section 

### 25-7-105(12), C.R.S. 

### (1997) provides authority to promulgate regulations that are necessaryto implement the minimum elements ofTitle 

### V ofthe Clean AirAct. Section 

### 25-7­ 106(6), C.R.S. 

### (1997)provides the Commissionwiththeauthoritytorequiretesting, monitoring andrecordkeeping. Commissionactioninpromulgating these regulations istakenpursuantto the above statutory provisions. The Commission is not adopting the CAM rule in this incorporationbyreference aspartofthe ColoradoStatehnplementationPlan. Forthatreason, the provisions ofSection 

### 25-7-105.1 C.R.S. 

### (1999) regarding federal enforceability do not apply. Pwpose Adoption byreference ofthe Federal CAM regulations contained in 

### 40 C.F.R. part 

### 64, and the revisions to 

### 40 C.F.R. parts 

### 70 and 

### 71 make the regulations enforceable under Colorado law. Adoption ofthe regulations wilJ notimpose upon sources additional requirements beyond the minimum required byFederal law, and maybenefit theregulated communityby providing sources with up-to-date information.


### I.W. Adopted November 

### 15,2001 Regulation No.3, Part B: Concerning Construction Permits, Including Regulations for the Prevention ofSignificant Deterioration This Statement ofBasis, Specific StatutoryAuthority and Purpose complies with the requirements ofthe Colorado Administrative Procedures Act, section 

### 24-4-103, C.R.S., and the Colorado 

### AirPollution Prevention and Control Act, sections 

### 25-7-110 and 

### 25-7-110.5, C.R.S., and implements sections 

### 25-7-105(17} and 

### 25-7-212, C.R.S.

The rule revisions adopted implementthe provisions ofHouseBill 

### 99-1351. Regulation 3 contains permitting, monitoring, reporting, visibilityprotection, and fee requirements.

Page 87


### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSto 2002 Weil Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 263 All Rights Reserved

Specific StatutOry Authority
The Colorado Air Pollution Prevention and Control Act, section 25-7-105(17), CRS., provides the authority for the Commission to hold hearings to approve emission inventories related to state and federal lands. That subsection also directs the 

### AirPollution Control Divisionto prepare inventories for all state land management agencies withjurisdiction over state lands. Section 25­ 7-212, c.R.S., requires federal land managers to develop a plan for evaluating visibility in mandatory class I federal areas and to provide to the state an emission inventory for pollutants that affect any mandatory federal class I areawithin ColoraOO. This section also directs the Commission to use the inventories to develop control strategies for reducing emissions within the state ofColorado as a primarycomponent ofthe visibility long-term strategies.
The Commission's action is taken pursuant to procedures set forth in sections 25-7-105, 25-7-110 and 25-7-110.5, C.R.S.
Pumose
In general, lIB 99-1351 was intended to provide mechanisms for the state to develop information important to its efforts to protect and enhance visibility, particularly in mandatory federal class I areas. This bill specifies the types ofinformation that must be reported, collected and approved for use in the state implementation plan. Federal agencies own and administer approximately 36 % ofthe land in Colorado. Accordingly, the federal government hasjurisdiction over many sources ofemissions within the state. The inventory information developed under this regulation will provide additional information needed regarding these emissions, as wen as those from similar state lands.
Therule requires that all federal and state lands have emission inventories approved bythe Commission byDecember 31, 2002 and at least every five years thereafter._The emission inventories must include emissions in both Colorado and other states that may affect visibility in mandatory federal Class I areas in Colorado. House Bill 99-1351 requires the first submittal ofinventory information by the federal land management agencies byDecember 31 t 200I. The Commission anticipates that the affected federal land managers mayrely upon regional inventory information to satisfyinpart the requirements ofthis rule. The regional inventory development process is in its early stages. In addition, this hearing has been continued once: 

### and accordingly this rule maynotbecome effective before 

### the statutory deadline: for the initial federal public lands emission inventory submittal. The Commission recognizes that this created uncertainty for the federal land managers. Nevertheless, the General Assembly established the deadline for submittal ofthe federal public lands inventory 

### in 1999 

### and the: federal agencies have lrnown about this requirement for more than two years. The Commission anticipates that submittal ofthe regional emission inventory will provide enough information to reasonably meet the December 31, 2001 deadline. In orderto ensure that inventories reflect the best information available, however, the Commission allowed the federal agencies an additional six months to provide supplemental information to fully meet the

Page 88



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS

### Page 264

requirements ofthis rule. Any such additional infonnation must be submitted to the Commission byJuly 1,2002. The Commission is to hold a public hearing on the inventories and approve them byDecember 31, 2002. This schedule will still allow sufficient time for the Commission to consider and approve, ifappropriate, the inventory infonnation submitted. The Commission believes that the emissions subject to the reporting requirements ofthis rule are in the order ofhundreds oftons per day ofcriteria pollutants and that this level ofemissions justifies application to federal and state land managers ofreporting requirements similar to those that apply to owners and operators ofotherlarge emissions sources. The Commission has the authority to exempt from the inventoryrequirements any sources or categories ofsources that it determines to beofminor significance. This rule does not contain such an exemption because little is known about several ofthe source categories (e.g., biogenic sources). The Commission mayconsider at a later time whether such an exemption is appropriate based on additional infonnation that maybe gathered. The Commission elected for the purposes ofthis regulation to define federal land management agencies as those agencies that own and manage at least 50,000 acres ofland in Colorado. The Commission intended to exempt agencies with relatively small amounts ofland (e.g., Department ofCommerce, Bureau ofReclamation) from having to prepare inventories. 

### In the Commission's view, the benefit ofdeveloping infonnation relative to emissions from lands managed by smaller agencies did notjustifythe administrativeburden and costs ofpreparing such emission inventories. The Division is required bythe bill's provisions to provide an inventory ofemissions from activities ofall state ofColorado land management agencies on state ofColorado lands that may affect visibility in Colorado's Class I areas. The inventoryistobe delivered to the Commission byJuly 31, 2002 and at least every five years thereafter. There are several requirements inthe statute that have notbeen included inthe regulation as they are largely policydirectives to the Commission and Divisionfrom the General Assembly Therule revisions adopted address the procedural mechanisms for accomplishing the mandatory requirements ofHouse Bill 99-135L The Commission concludes that these rule revisions are adopted to implement prescriptive state statutory requirements, where the Commission is allowed no significant policy-making options, for the purposes of

### § 25-7-110.5, C.R.S. The Commission also concludes that ithas no discretion under state law to adopt alternative rules that differ significantly from these revisions, for the purposes of

### § 25-7-110.8(1), C.R.S. Accordingly, the Commission did not include inthe record some ofthe portions oftherulemakingprerequisites addressed in 

### § 25-7-110.5, C.R.S. and did not make specific determinations regarding the factors listed 

### in § 25-7-110.8(1), C.R.S.
The Commission took into consideration the appropriate items enumerated in section 25-7­ 109(1)(b), C.R.S. 

### IX. July 18, 2002
Statement ofBasis, Specific Statutory Authority, and Purpose Revisions to Regulation Number 3
Page 89



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSc 

### 2002 Wei! Publishing for the State ofColorado 

### 25 CR 12, 12-02 

### Page 265 All Rights Reserved

This Statement ofBasis, Specific Statutory Authority and Pwpose complies with the requirements ofthe Colorado Administrative Procedure Act Sections 24-4-103(4) and (12.5), C.R.S. for new and revised regulations.

Regulation No.3 sets forth the Air Quality Control Commission's permitting and airpollutant emission notice programs for stationary sources. The regulation is organized into four parts: Part A contains general provisions and the AirPol1ution EInlssion Notice (APEN) program; Part B deals with major and minor source Construction Permits; Part C sets forth the Operating Permitprogram; and, Part D provides the statements ofbasis, specific statutory authority and purpose for revisions to the regulation. Changes havebeen made to each ofthese parts to clarify ambiguous language, eliminate duplicative orwmecessaryprovisions and to make the requirements more understandable and easier to read. Additionally, some substantive changes havebeen made to address inconsistencies between the regulation and state and federal law, to improve thepermitprogram from an airquality protection perspective and to eliminate unnecessary burdens on the regulated community. Appendices B and C to the regulation were deleted because they were duplicative ofAppendix D. The majority ofthe revisions were proposed bythe AirPollution Control Division based on internal review and extensive discussions with interested parties. TheDivision's initial proposals were addressed at length during a subcommittee process involving the Commission, the Division, stakeholders and other interested parties. During this process, participants commented on the initial proposal and offered additional suggestions. Theproposal presented to the Commission is a collaborative effort ofthe Division and interested stakeholders. Specific StatutOIT Authority The specific statutory authority for these revisions is set forth in various sections ofthe Colorado AirPollution Prevention and Control Act ("Act''). Section, 25-7-105(1), C.R.S., gives the Air Quality Control Commission authorityto promulgaterules and regulations necessary for the proper implementation ofthe Act, including regulations to assure attainment and maintenance of national ambient air quality standards, emission control regulations and a prevention of significant deteriorationprogram. Section, 25-7-105(12), C.R.S., provides specific authority to establish, emission notice, construction permit and operating permit programs. Some ofthe statutoryparameters for these programs are set forth in Sections 25-7-114, through 25-7-114.7 of the Act, and these sections in turn, provide statutory authorityfor the current revisions. Additional authority for these revisions is set forth in Section 25-7-106, C.R.S., in Section 25-7­ 119, C.R.S., and in Section 25-7-132, C.R.S. Purpose A review ofthe previous Regulation No.3 revealed numerous stylistic, grammatical and formatting problems, language ambiguities and obsolete orduplicative provisions. These revisions are intended to update, clarify and streamline this regulation. Additionally, changes have been made to address developments in state and federa1law, to eliminate inconsistencies
Page 90 

## 1 

# I I 1 

# ,
t 

### • 

## f

t 

# r ,

CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 266

between the regulation and state and federal law, and to improve the programs set forth in the regulation from an air quality perspective while eliminating or minimizing undue and unnecessary burdens on theregulated community.
I. PartA Revisions
Part A ofRegulation No.3 contains a definitional section and provisions that set forth the 

### Air Pollution Emission Notice program and othergeneral provisions relevant to the notice and permit programs. A. Definition Changes
Numerous changes to the definition section were made. Primarily, these changes were designed to fix ambiguous language, to make the definitions more readable orto delete obsolete or duplicative definitions. For example, the defmition ofapplicable requirement was modified to clarifythat it included construction pennitrequirements that mayhavebeen modified during the operating permitprocess. This definition was always intended to include such modifications, but the old language failed to clearly explain that intent. Similarly, a change to the definition of major modification was necessary to clarify that the term included both physical changes and changes inthe method ofoperation. Theprior version omitted language resulting in an ambiguityregarding this intended meaning. Changes were madeto the definition ofnet emissions increase to clarifythatin calculating an increase ordecrease ofemissions, sources are not committed to use the emission numbers contained in an APEN. For example, when credible demonstrable evidence indicates a different amount ofactual emissions exists, this information canbeused to demonstrate a net emissions decrease. The definition ofsignificant was also changed to clarifythat the Prevention ofSignificantDeterioration (PSD) and New Source Review (NSR)-nonattainment area (NAA) programs do not applyto certain hazardous air pollutants. Specifically, the 

### state PSD and NSRlNAAprograms exempt those hazardous air pollutants that are exempt from the federal PSD and NSRlNAAprograms pursuant to Section 112(b)(6) ofthe Federal Act 

### In addition to the clarifications, formatting and readability changes made to the definition section, a number ofdefinitions were added or modified to reflect deVelopments in federal law. Forexample, the Commission revised the definitions ofactual emissions and majormodification to include special provisions governing physical or operational changes at electric utility steam generatingunits. These changes were necessitated bychanges inthe federal regulations arising out ofthe decision in theWisconsin Electric PowerCompany("WEPCO") case. The changes are applicable onlyto coal-fired electric utility steam generatingunits. Colorado law has required that NSRprovisionsbe interpreted consistent with federal requirements since 1994 when the Colorado General Assembly enactedHB94-1264, Section 25-7-109, C.R.S. The WEPCO definitions have been added, consistent with EPA's regulations, in orderto clarify the meaning and scope ofthe changes to the definitions ofactual emissions and major modification. Units need nothave obtained a formal applicability determination from the Division before proceeding with the physical oroperational change, although doing so is at therisk ofthe source. Actual emissions levels maybe determined from the information found inperiodic APENs which

Page 91



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS02002 Weil Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 267 All Rights Reserved

sources file pursuant to Regulation No.3, Part A., or from othercredible information, such as data from continuous monitoring systems. The filings by sources inthe past, such as APENs, have enabled the Division to track sources' emission increases and decreases in a manner consistent with the provisions in the WEPCO rule, therefore, the Commission believes this formal adoption should not impose a greaterburden on sources in Colorado than they have historically experienced. The Commission notes that, consistent with the legislature's intent, the WEPCOprovisions havebeen implemented bythe Division in recent years. One example is the flexibility provided a change qualifying as a pollution control project.
The definition ofmajormodification was further changed to restrict what constituted a temporruy activity. Under both the old and new regulations, temporary activities are not considered to be part ofa major stationruy source. The old definition could be read., however, to exclude activities that constituted temporary sources under the PSD program. Such sources are subject to certain limited PSD requirements, and could 

### be classified as an exempt temporary activity resulting in an exemption from those limited requirements. Thenew version clarifies that only temporary construction orexploration activities are exempt, thus preserving the applicability ofthe PSD temporary sourcerequirements.
Under the definitions for major modification and major source, while emissions from temporary construction are not included in determining whether there is a major modification or source, emissions from ongoing construction are included. Several parties requested clarification as to what constitutes ongoing construction. Such a determination must be made on a case-by-case basis, but generally, construction lasting more than two years will 

### be considered ongoing.
At the suggestion ofthe regulated community, the definition ofcommenced construction was supplemented to identify

### the entire range ofpre-construction activities that maybe undertaken without obtaining a construction permit.
Provisions governing regulation ofnonroad engineshave undergone a complete overhaul. In addition, the definition ofnonroad engines was moved from the APEN exemption provisions in Part A, section ll.D.l.sss., to the definition section ofPart A. Thepriorregulation (section U.D.l.sss.) exempted certain nonroad engines from APEN and permitting requirements, but provided that these exemptions did not applywhere the engines would otherwise triggerPSD, NSR-NAA review orother applicable requirements. Since thepromulgation ofthat regulation, Congress amended the federal Clean 

### AirAct. These amendments, as interpreted bythe D.C. Circuit Court ofAppeals, precluded 

### the states from enacting emission controlregulations for nonroad engines except under very restricted circumstances. TheCourt ofAppeals held, however, that states could enact userestrictions such asrestrictions on 

### the hours ofoperation or amount offuel usage. To address this situation, the regulated communityrequested that nonroad engines be specifically identified as non-stationruy sources, thus exempting them from most, if not all, ofthe requirements ofRegulation No.3. While agreeing that nonroad engines should not be treated as stationruy sources, the Division expressed a concernthat a large aggregation of these engines might result in a violation ofambient air quality standards. To reconcile these conflicting concerns the regulatory revisions create a new state-only nonroad engine program for certain nonroad engines.

Page 92



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 268

The Commission's authority to establish a nonroad engine program and to regulate the operation ofnonroad engines is set forth in 27-7-106(1) C.R.S., and through the legislative declaration in 25-7-102 CR.S. Nonroad engines subject to the program must submit an APEN and pay appropriate APEN fees. Ifspecified emission levels are tripped in the APEN, theprogram further requires that the source obtain a temporarypermit and pay applicable pennit fees. The pennit will include such use restrictions as are necessary to prevent an exceedance ofambient airquality standards. Nonroad engines that are mobile or self-propelled equipment such as bulldozers, haul trucks, water trucks, loaders, shovels, backhoes, road graders, cranes or similarmobile equipment are not subject to the state-onlypennitprogram and are not required to obtain an APEN.
Whether an engine qualifies as a nonroad engine as opposed to a stationary source will depend on the facts ofa particular case. To qualify as a nonroad engine underRegulation No.3, Part 

### A, Section IB.40.ajii., the enginemust be portable. What constitutes portable will be determined on a case-by-case basis. Additionally, such portable engines lose their status as nonroad engines if theyremain at a location for more than twelve consecutive months. The regulation narrowly defines location such that use ofa portable engine at multiple sites at a given source does not constitute use at a single location. Thisprovision, however, is not intended to allow a source to circumvent the regulation by moving a given engine for the purpose ofavoiding expiration ofthe twelve-monthperiod.
For sources that have voluntarily obtained pennits for a nonroad engine(s) as defined in RegulationNo.3, Part A, Section IB.40., prior to the effective date ofthis rule revision. a source may continue to operate under the existingpennit. A modification orre-opening ofthe existing pennit will effectively subject a source to the requirements set forth in the nonroad engine stateonlypennit program (part A, Sections I.B.40.c. and I.B.40.d.) During the public hearing onthis rulemaking, the Commissionraised concerns regarding the flexibility and responsiveness ofthe new state-only nonroad engine permit program in emergency or otherunforeseen situations. Inthese situations, it is an operator's obligation to file an APEN and obtain a state-only nonroad enginepermit under Sections IB.40.c., and IB.40.d., prior to the exceedance ofanytrigger level (i.e., hours ofoperation and/or emission limitation). This clarification is intended to increase program flexibility byensuring that operators, including local and state government, will not be penalizedwhen respondingto emergencies and business planning conditions when such conditions subsequentlytriggerAPEN and permit application requirements under the program. To enhance and foster program responsiveness, the Commission expects that the Division shall act to complete state-onlynonroad enginepennit applications as expeditiouslyas possible. In addition, under the authority set forth in Section 25-7-114.5(5), C.R.S., the Commission has determined that state-onlynonroad enginepermit applications shall not be designated as pennit actions subject to public notice requirements.

Page 93



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS

# !

, 

# f 

# !
j CI 2002 Weil Publishing for the State of Colorado 

### 25 CR 12, 12-02 Page 269 All Rights Reserved

B. Changes to APEN Program
The Division proposed to add record keeping requirements to a number ofAPEN exemptions. The Commission did not adopt the specific record keeping language in Part A ofthe regulation. The intent ofthe Commission, however, is that sources should have records or otherinformation sufficient to verify that an exemption from APEN requirements canbe taken in accordance with the regulatory requirements.
The Commission revised Section ll.D.4.a.(vi), deleting the solvent return opening size requirement for small remote reservoir cold solvent degreasers contained in Section ll.D.4.a.(vi)(A). The Commission also revised the emissions limit in Section ll.D.4.a.(vi)(C) from 350pounds ofvolatile organic compounds per year to one ton ofemissions per year. These changes were requested by industrybased on the argument that the existing provision was specifically designed for one particular source and is not useful for the broader industry. While sources are no longer required to meet the solvent return openingprovision in order to claim the exemption, they are subject to the requirements contained in Regulation No.7, Section X.B.
Measurement ofthe throughput threshold for the fuel storage and dispensing equipment APEN Exemption in Section ll.D.l.ccc., was changed from a 3O-day average to an annual average. In addition, language was added to clarify that sources in the Denverozone attainment-maintenance area must still utilize Stage 1 vapor recovery on all tanks with a capacity greater than 550 gallons, as required byRegulation No.7. While ordinarily sources subject to other applicable requirements would be precluded from taking the exemption under the APEN and construction permit exemption catchall provisions, in this particular instance, it is the Commission's intent that sources maytake this exemption providing that the Regulation No. 7 vaporrecovery requirements are met. 

### An APEN exemption for wet screening operations was added at Section I.D.I.cecc. Certain wet screening operations are subject to New Source Performance Standard (''NSPS'') Subpart 000. This federal requirement requires that such facilities complywith a zero visible emissions standard. Ordinarily, a source that is subject to a New Source Performance standard precludes the source from taking an APEN exemption pursuant to the catchall provision in Section ll.D.4. It is the Commission's intent that in this particularcase, application ofNSPS Subpart 000 shall not prevent a wet screening operation from taking the exemption.
A substantive change was made to the applicable de minimis levels for APEN exemptions in attainment and nonattainment areas. Under the prior regulation, ifan area was nonattainment for anypollutant the lowernonattainment de minimis levels applied for all pollutants. This has been revised so that the lower levels will onlyapply to thepollutants for which the area is not in attainment.
The exemption for agricultural operations was changed to provide greater clarity and to be consistent with the requirements ofthe State Act. Conforming changes were also made to the agricultural exemption set forth in Part C.

Page 94



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 270

Because Regulation No.3 and the Common Provisions Regulation under went contemporaneous review. the primary focus with respect to duplicative provisions was to eliminate duplications between the two regulations. Duplicative provisions that were on1y applicable to Regulation No. 3 were deleted from the CommonProvisions Regulation. Provisions applicable to mUltiple regulations remain in the Common Provisions and were deleted from Regulation No.3. Certain non-Regulation No.3 duplications were also addressed. A full review ofall the Commission's regulations was not undertaken at this time. It is expected that there are additional duplications that should be addressed as otherregulations are opened for revision. C. Fee Schedule Revisions
The language governing the fee schedule for APENs and permit processing was simplified to provide that fees will be charged in accordance with the procedures and amounts set forth in the Act. This change alleviates the requirement ofrevising the regulation every time the statutory fee schedules change.
D. Confidentiality Provisions
The rules governingconfidentiality ofdocuments submitted in connection with APENs and permit applications were changed to be consistent with the Act, and to clarifY ambiguities in the priorregulation. 

### In addition, more specific provisionswere added regarding the process involved in asserting confidentiality and determining whether documents are in fact confidential. Under the priorregulation, the evaluation ofconfidentiality claims was very ambiguous making it difficult for the Division to determine whether a document was confidential. and providing sources no guidance as to the steps they should take to ensure confidential treatment of documents. The new provisions clearly set forth the rules for claimingconfidentiality and for evaluating such claims. This should benefit the Division and the regulated communityby providing a clear understanding ofconfidentialityprotections.
Pursuant to the State Act, information submitted as part ofan airpollutant emission notice, Permit Application orOperating Permitreports is confidential on1y ifitrelates to secret processes or methods ofmanufacture orproduction. This limitation is reflected in the revised regulation. 

### In contrast, Section 25-7-111(4), C.R.S. provides that information obtainedbythe Division inconnection with anenforcement action maybe entitled to confidential treatment ifit constitutes a trade secret. The current regulatory revision is not intended to alter oraffect the protections offered under Section 25-7-111(4), C.R.S. 

### In cases where the Division determines that certaininformation is not subject to confidential treatment the revisions shorten the notification period from fifteen to three days. This change was madebased on the statutorymandate in the Colorado Open Records Actrequiring release of public records within three days after a request for such records. The notification period is intended to allow the source the opportunity to obtainjudicialrelieffrom the Division's determination under the State Administrative Procedures Actpriorto release ofthe information. While it is recognized that the three-day notification period maymake it difficult for a source to institute a timely action, the requirements ofCORApreclude a longerperiod. It is expected that

Page 95



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS!t:i2002 Wei) Publishing for the State ofColorado 

### 25 CR 12, 12-02 Page 271 All Rights Reserved

the Division will take the steps necessary to provide actual notice to the source as soon as a determination is made, so that the source will have adequate time to protect its rights. 

### ll. Part B Revisions
The majority ofrevisions to PartB involve stylistic changes intended to improve the readability ofthe regulation. 

### A small nwnber ofsubstantive revisions were made as described below.
Theprovisions in Section IV.H., were changed to clarifythe requirements for obtaining a final approval construction permit. Theprevious regulation required the source to demonstrate compliance with the initial approval construction permit. TheDivision was then required to conduct an inspection to determine compliance. Because an inspection during the initial approval period is not required bylaw, the newregulation makes the inspection discretionary. Thisprovides necessaryprotections in those instances where an inspection maybeneeded. The provision was further modified to give the Division discretion as to whetherto issue a final approval permit when there is a pendingoperating permit application. Requiring the issuance of a final approval permit was often an unnecessary step in situations where an operatingpermit would be issued shortlythereafter. To avoid confusion among sources when the Division elects not to issue a final approval construction permit, a notice will be provided to the source in writing. Similar flexibility was added to Section ID.D.6., in cases where a previouslypermit exempt source loses its exemptionbased on addition ofnew emission points.
The priorregulation required submission ofan operation, maintenance, and record keepingplan with the constructionpermit application. Thisprovision ignored the realitythat such plans are difficult to provide until afterthe source hasbeen constructed. The new regulation provides that these plans must be submittedprior to obtaining final approval. Significant changes were madeto the post construction monitoring requirements for the PSD program. Thechanges were made tobe consistent with the federal PSD regulations. The revisions provide flexibility to eitherrequire orwaive post-construction monitoring.
The revisions expand theprovisions governing appeals ofconstruction permits. Theprior regulation provided that a source could appeal the Division's decision to the Commission, but failed to identifytheprocess for such an appeal. The revision provides that the appeal must be madewithin thirty days afterthe issuance ofthepermit, denial orrevocation, and will be held in accordance with the general rules for adjudicatory hearings. A similarprovisionwas also added in Part C at Section V.E.
SectionV.B. has beenchangedto reflectthat the Black Canyon ofthe Gunnison has been reclassified as a National Park. Theboundaries ofthis arearemain the same, and there is no change in the classification ofthis area as Class I orClass 

### ll.
Revisions have been made throughout the regulation to address changes 

### in areas from the nonattainment classification to the attainment/maintenance classification. A search ofthe regulation was conducted to identify those provisions that depended on the area beingclassified

Page %



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 272

as nonattainment. When a requirement remains in place after the reclassification ofan area, the word nonattainment was changed to attainment/maintenance. Otherwise, no change was made. A substantive change was madeto the applicable de minimis levels for permit exemptions in attainment and nonattainment areas. Underthe priorregulation, ifan area was nonattainment for any pollutant the lowernonattainment de minimis levels applied for all pollutants. This has been revised so that the lower levels will only apply to the pollutants for which the area is not in attainment to be consistent with a similarrevision in Part A. 

## m. Part C Revisions As with Parts A and B, the majority ofrevisions to Part C include changes to improve readability and to clarify ambiguous provisions. Revisions were made to Section 

### D.E., to fix poorlyworded language. The new provision more clearly explains when an insignificant activity exemption can be taken. In addition, changes in

### D.E., and to other sections regarding exemptions included in Part C were made to conform to exemptions inPart A and B.
Provisions regarding the phase-in ofthe operating permit program were deleted since these provisions are now obsolete.
Section 

### ill.B.2., sets forth certain timing requirements with respect to submitting operating pennit applications. The priorregulation was unclear as to the new legal requirements for sources subject to the operatingpennit requirement after start-up byoperation oflaw. The revised provision clarifies that sources shall submit an application within twelve months ofthe effective date ofthe new requirements or at such othertime specified in those requirements. The revisions also clarifythat when a source subject to an operatingpermit is modified, an application to revise the permit must be submitted within twelve months ofthe modification. Inthe past, significant confusion has arisen when a source seeks an operating permit priorto obtaining a final approval construction permitunderPart B. Revisions to Sections V.A., and IV.B.3., clarifythe rules governingthese situations. These revisions also conform to the changes made in Part B, Section IV.H. The flexibility given to the Division to issue an operating permit absent a final approval construction permitunder Section V.A., is intended to apply regardless of whether the source has commenced operation ofthe emission unit(s) at issue.
IV. Appendices
Priorto this rulemaking, Regulation No.3 included four appendices: Appendix A, Method for Determining De Minimis Levels for Non-Criteria Reportable Pollutants; Appendix B, 1993 NonCriteriaReportable Pollutants; Appendix C, 1994 and Subsequent Years Non-Criteria Reportable Pollutants; and Appendix D, Non-Criteria Reportable Pollutants. Thisrulemaking deletes the original Appendix B and Appendix C because they are duplicative ofAppendix D. Appendix D has been revised to Appendix B in order to maintain continuity in the regulation.

Page 97



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSII) 2002 Weil Publishing for the Stale of Colorado 

### 25 CR 12, 12-02 

### Page 273 All Rights Reserved

I.Y. October 17, 2002


### Statement ofBasis, Specific StatutoryAuthorityand Purpose Revisions to Regulation No.3
This StatementofBasis, Specific StatutoryAuthorityand Pwpose complies with the requirements ofthe Colorado Administrative Procedure Act Sections 24-4-103(4) and (12.5), C.RS. for new and revised regulations.

Regulation No.3 sets forth the 

### Air Quality Control Commission's permitting and airpollutant emission noticeprograms for stationary sources. Pursuant to its statutory authority, the Commission may exempt 

### certain stationary sources 

### from permitting and APEN requirements where emissions 

### from such sources are deemed to be insignificant. The Commission is revising 

### the exemptions for condensate and crude oil 

### tanks and condensate and crude oil loading equipment to ensurethat the exemptions apply onlywhere the emissions 

### are truly insignificant. Additionally. the Commissionis revising the provisions designed to ensure that in exempting 

### certain sources 

### from APEN and permitrequirements, the regulation does not allow sources to avoid otherstate and federal requirements. This revision clarifies when application ofother requirements prohibit sources from cJaiming exemptions. Specific StatutoryAuthority

. 

### The specific statutory authority for these revisions is set forth in various sections ofthe Colorado 

### AirPollution Prevention and Control Act ("Act"). Section, 25-7-105(1), C.RS.• gives the 

### Air QualityControl Commission authority to promulgaterules and regulations necessaryforthe properimplementation ofthe Act, includingregulationsto assure attainment and maintenance of national ambient 

### air quality standards, emission control regulations and a prevention of significant deterioration program. Section, 25-7-105(12), CoRS.• provides specific authorityto establish, emission notice, construction permit and operating permitprograms. Some ofthe statutoryparameters for these programs are set forth in Sections 25-7-114.1. and 25-7-114.2 of the Act, including the authorityto exempt certain sources from APEN and Permitting requirements. These sections in 

### tum. provide additional statutory authority for the current revisions. Purpose 

### 1 CondensateTanks and Truck Loading Equipment Revisions to the crude oil and condensate storage 

### tank exemption in PartA, Section ll.D.1.ddd.andcrude oil and condensate truck loading equipment exemption in Part A, Section n.D.1.ee., were proposed to address the issue offlashing emissions in condensate tanks. The exemptions, and a corresponding exemption in Part C, Section ll.E.3.ee. and ddd.• did not take flash emissions into account when the Commission initially adopted the exemption. The large quantity ofvolatile organic emissions that can be released during a flash event led to changes 

### in

Page 98



### CODE OF COWRADO REGULATIONS 5 CCR 1001-5

### Page 274

the exemptions. Additionally, separate exemptions have been established for crude oil tanks and equipment and condensate tanks and equipment in recognition ofthe fact that flashing emissions from crude oil and condensate are significantly different.
The Commission recognizes that in changing these exemptions a number oftanks and equipment that were previously exempt from APEN reporting, and therefore exempt from construction permitting requirements, will now berequired to file APENs. The Commission does not believe, however, that these existing sources will now berequired to obtain state construction permits, since such a requirement is triggered byconstruction ormodification ofa source, and not by a change in a previously applicable exemption. 

### If, however, tne tanks or equipment are modified after December 30, 2002, a construction permit will berequired for the modification unless the tanks orequipment qualify under the revised APEN exemption or a construction permit exemption. During the revision process therewas some discussion about what might constitute a modification that would triggerconstructionpermit requirements. Based on the information provided to date, the Division and Commission do not currentlybelieve that reworking ofan existingwell would constitute a modification undertheregulations. Additionally, sources subject to PSD, NSR-NAA and Title V permitting requirements arerequired to have such permits regardless oftheir exemption status. The Commission notes to permit applicants that this changebecomes effective on the effective date ofthis regulation. 

### Inconnection with these revisions, the Commissionhas also looked at the timing requirements set forth in Part A, Section ll.D.Ull., for submitting APENs and obtaining construction permits for tanks at crude oil and natural gas exploration and production sites. The Commission enacted this provision in 1993 to allow sources sufficient time to determine production levels before being required to submit APENs orconstruction permit applications. To affect this, Section ll.D.ll1. provided that APENs for oil and gas exploration and production operations were not required until 30 days after filing the well completion orrecompletion report with the appropriate state or federal agency. Additionally. Part B, Section m.D.S. provided that applications for construction permits for such operations were due at the same time as the APEN filing. Based on discussions during theregulation revision process the Commission discovered that the well completion report must be filed beforeproduction levels can be determined and that theprovision should have referenced thereport offirst production. Therefore, the Commission has revised Section n.D.l.1ll. to clarify and effectuate the intent ofthe 1993 revisions.
The Commission also recognizes the definition ofcondensate that appears in the Common Provisions Regulation does notinclude reference to an API gravity and therefore could beread to include crude oil. It is the Commission's intent that for the purposes ofthese exemptions. as well as APEN reporting, condensate should onlyinclude hydrocarbon liquids that fit within the CommonProvisions definition and thathave an API gravity of40 degrees orabove. The Commission anticipates revisingthe Common Provisions definition to more clearlyreflect this intent the next time the CommonProvisions regulation is opened for revision.

Page 99



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS© 2003 Wei! Publishing for the State ofColorado 

### 26 CR 4, 4-03 

### Page 275 All 

### Rights Reserved



### 11 

### APEN Catchall Changes to 

### the APEN catchall inPartA, Section 

### n.D.4. and 

### theconstructionpermit catchall in 

### PartB, Section m.D.S., were significantlyrewotked to add 

### clarity. ThepOor versions were somewhat unclear as to

### boththe effect ofAPEN andpermitting

### exemptions onother applicable requirements and when otherwise exempt sources would be 

### required to 

### file APENs. While the revisions minimaJly change tQe substantiverequirements ofthe two catchallprovisions the new language 

### is intended to 

### more clearlyexpressthese requirements. The new language clarifies that SOlB'Ces that are exempt from APEN and/or construction peanittingrequirements 

### arenot,by virtue 

### ofthat exemption, exempt from anyotherapplicable requirements. Thus, for example, a 

### soun:e that 

### is exempt from APEN

### orpenniUingrequirements, must still complywith the 

### Regulation No. 

### 120% opacity $Dldard. 

### Likewise, 

### anAPEN exempt emissionpoint at 

### a major 

### soun:e is excused from 

### paying 

### APEN 

### fees but

### may still need 

### to be 

### listed 

### as an insignificant activityunderthe requirements ofthe

### TitleVprogram. Additionally, where

### the emissions 

### from a 

### particular

### emissionpoint

### would 

### cause a 

### source to 

### avoid

### PSD,NSR-NAA 

### orTitle

### V 

### information regarding 

### that 

### emissionpointcannot be 

### omitted from anypermit

### application, 

### notwitbstandiDg the 

### fact that the

### emissionpoint 

### standing 

### alone mightbe 

### exempt from APEN orConstructionPermit requirements. 

### The oommission alsorequires that 

### ifthe

### potential to emit, taking 

### into 

### account full

### design rate and 

### continuous operation, 

### triggers PSD

### orNSRrequirements. the 

### sourcemust submit an

### Air PollutantEmissionNotice and apply for

### the

### appropriate permit,

### ormust applyfor a pemri.tto 

### limitthe

### physical 

### oroperational

### capacityofthe 

### source such that

### the soun::e 

### is

### not CODSid.ered to be

### amajor 

### source as defined inSectionLB.59 ofPart A of this

### regulation. This Janguagc 

### pnwiously appeared 

### inthe**catcball~** 

### but

### was relocated to this 

### statement ofbasis. Finally, the 

### revised 

### catchall provisions subject

### certain emissionpoints and S01m:es

### to

### APEN and 

### Ccmstruction Peunit

### requirements notwithstanding

### the fact 

### that such points 

### and 

### sources would otherwise be 

### exempt. Souroes specifically

### identified in

### the applicabilitysectionofanysubpart

### of PartA ofRegulationNo.6 (New

### SourcePerformance Standards), ollRcgu1ation

### No.8 (Hazardous

### AirPollutants), Parts A,c».and

### E. This

### provision allowstheDivision to

### keep track of these 

### points aDd sources, and

### ensurethat the 

### requirements oftbeseprograms 

### arebeing properly

### followed. h mustbe noted,

### however. that wet

### screening operatioas subjecttothe 

### exemption set 

### forth at

### Part

### A. Section 

### D..D.l.cecc may

### claim exemptions notwithstandingthe

### fact that 

### such sources are subjecttoNew SourcePerformance Standard ()(X).

Page 

### 100



### 5 CCR 1001-5 

## CODE OF COLORADO REGULATIONS

### Page 276



### STATEMENT OFBASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE
Revisions to Regulation No.3 March 20,2003



### This Statement ofBasis, SpeCific Statutory Authority and Purpose complieswith the requirements ofthe Colorado Administrative

### Procedure Act Sections 24-4-103( 4} and (12.5), C.R..S. for new andrevised regulations. 

### Basis Regulation No.3 

### sets forth theAir Quality Control Commission's permitting and air pollutant emissionnoticeprograms for stationary

### sources. Pursuant to the statutory requirements set forth in 

### § 24-4-12.S( 

### d), C.R.S., theregulation mustcontain a statement 

### that materials incorporated. byreference are available for review at any

### statepublications depository library. While complyingwiththe other

### requirements set forth in 

### § 24-4-12.5, C.R.S., themostrecentlypromulgatedversion ofRegulation No.3 did notinclude a statement that materialsincorporatedbyreference 

### are available atthe 

### state publications depository libraries. 

### Inreviewing the recently promulgated.revisions, Legislative

### Legal Services identified. this omission and informed thecommission office onNovember27. 

### 2002 thatRegulationNo.3 would be included. ina bill listingregulations that

### will sunset 

### inMay2003, unless the required statement wasincluded. To address thisissue, the Commission

### has

### revised. RegulationNo.3 to include the statement thatmaterials incorporatedbyreference are available for review at any state publications depository. 

### Spedfic StatutoryAuthority
The specific statutory authority for 

### this revisions 

### is set forth 

### invarious sections ofthe Colorado 

### AirPollutionPrevention 

### and Control Act 

### ("Actjas well as the State Administrative Procedure

### Act. Section, 25-7-1OS, C.R.S., gives the

### AirQualityControl Commission authoritytopromulgaterules and regulations necessary for the proper implementation ofthe Act, includingregulations 

### to assure attainment and maintenance of national ambient 

### airquality 

## standards. emission controlregulations and a preventionof significant deterioration program. Some ofthe information necessaryto implement provisions 

### in

### theregulations 

### is contained inpreviouslypublished documentsbytheU.s. Environmental Protection Agency and other agencies. Ratherthan repeat 

### all ofthe existing languageinthese documents., 

### it is commonpractice

### to incorporatematerialsby reference. Thisbelpsreduce the length ofregulations and saves resources. Section, 24­ 4-103 (12.S). C.R.S .• allows for incorporationsbyreference and requiresthat 

### certain language

### be included. in 

### all 

### state regulations that incorporate

### materials byreference. Specifically, 

### § 24-4-12.5( d). C.R.S. 

### JeqUires thatthe Commission include

### the language adopted. 

### inthisrevisionin Regulation No.3.



## SCCRI001-S CODE OF COLORADO REGULATIONS

## e 2003 Well Publishing for the State ofColorado 

### 26 CR 4, 4-03 

### Page 277 All 

### Rights Reserved



### Purpose
The

### purpose ofthis proposed revision is to 

### fully 

### comply with section 244-103 (12.5) 

### and to adequately informreaders that materials incorporatedbyreference are available at any state publications depository b"brary. 

### This 

### revision will 

### also keep 

### Regulation No.3 in existence andprevent a gap 

### in the division's notice, collection offees and permitting 

### authority.

COWRADOAIR QUALITY CONTROLCOMMISSION ADOPTED: March 

### 20, 2003



### CODE OF COWRADO REGULATIONS 

### 5 CCR 1001-5

### 1Y. October**17~** 

### 2002


## Statement ofBasis, Specific StatutoryAuthorityand Purpose Revisions to Regulation No.3
This StatementofBasis, Specific StatutoryAuthority and Putposecomplies with the :requirements ofthe Colorado Administrative Procedure

### Act Sections 24-4-103(4) and (12.5), C.R.S. for new 

### and

### revisedregulations.

Regulation No.3 sets forth the Air QualityControl**Commission~** 

### s permitting and airpollutant emission noticeprograms for stationary sources. Pursuant to its statutory authority, the Commission mayexempt

### certain stationarysourees from permitting and APEN :requirements where emissions from such sources 

### are deemed to

### beinsignificant. The Commissionisrevising the exemptions for condensate and crudeoil tanks 

### and condensate and crude oil loading equipment to

### ensure that the exemptions apply onlywhere the emissions 

### are truly insignificant. Additionally, theCommission is revising the provisions designed to ensurethat in exempting 

### certain sources from APEN andpermit requirements, 

### the regulation does not allow sourees to avoid otherstate andfederal :requirements. This revision clarifies when application ofother :requirementsprohibit sourees from claiming exemptions. (...,; Specific StatutOryAuthority

. The 

### specific statutory authority for theserevisions is set forth in various sections ofthe Colorado AirPollutionPrevention and Control Act ("Act"). Section, 25-7-105(1), C.RS., gives the Air QualityControl Commission authority to promulgaterules andregulations necessary for the 

### proper implementation ofthe Act, includingregulations to assure 

### attainment and maintenance of national ambient air

### quality standards, emission control regulations and a prevention of significantdeterioration program. Section, 25-7-105(**12)~** 

### C.RS.,provides specific authorityto establish, 

### emissionnotice, construction permit and operatingpermit programs. Some ofthe statutoryparameters for these programs 

### are set forth in Sections 25-7-114.1, and 25-7-114.2 of theAct, includingthe authorityto exempt certain sources from APEN andPermitting requirements. 

### These sections in

### tum, provide additional statutory authority for the current revisions. Pmpose 

### 1 Condensate Tanks andTruck LoadingEquipment Revisions to

### the crudeoil and condensate storage tank 

### exemption in Part

### A, Section ll.D.l.ddd.andcrudeoil and condensate truck loading equipment exemption inPart

### A, Section ll.D.l.ee.,wereproposed to 

### address the issue offlashing emissions in condensate tanks. 

### The exemptions, and a corresponding exemption inPart C, Section ll.E.3.ee. and ddd., did not take flash emissions into account whenthe Commission initially adopted the exemption. The large quantityofvolatile organic emissions that can

### bereleased during a flash event led to changes in ,!.



### Page 98

### the exemptions. Additionally, separate exemptionshave 

### been. established for crude oil tanks and equipment and condensate tanks and equipment inrecognition ofthe fact that flashing emissions from crudeoil and condensate are significantlydifferent.
The Commission recognizes that in changing these exemptions a numberoftanks and equipment that werepreviouslyexempt from APEN reporting, and therefore exempt from cons1mction permitting requirements, will nowberequired to file APENs. The Commission does notbelieve, however, that these existing sources will nowberequired to obtain state cons1mction permits, since such a requirement is triggeredbycons1mction ormodification ofa source, and notby a change in a previously applicable exemption. 

### If, however, tlie 

### tanks or equipment are modified afterDecember 30,**2002~** 

### a cons1mction permit winberequired for the modification unless the 

### tanks orequipment qualifyundertherevised APEN exemption ora cons1mction permit exemption. Duringthe revision process there was some discussion about what might constitute a modification that would trigger cons1mctionpermitrequirements. Basedonthe information provided to date, the Division and Commission do not cwrentlybelievethat reworking ofan existing wen would constitute a modification under the regulations. Additionally, sources subject to PSD, NSR-NAA and TitleV permittingrequirements are required to have such permitsregardless oftheir exemption status. The Commission notes to permit applicants that this changebecomes effective on the effective date ofthis regulation. 

### In connection with these revisions, the Commissionhas also looked at thetiming requirements set forth inPart A, Section I1.D.I.lll., for submitting APENs and obtaining construction permits for tanks atcrude oil and natural gas exploration and production sites. The Commission enacted this provision in 1993 to allow sources sufficient time to determine production levels before beingrequired to submit APENs orcons1mctionpennit applications. To affect this, Section I1.D.Ill. provided that APENs for oil and gas exploration and production operations were not required until 30days after filing the well completion orrecompletion report with the appropriate state orfederal agency. Additionally, Part B, Section m.D.S. provided that applications for construction permits for such operations were due at the same time as the APEN filing. Based ondiscussions during theregulation revision process the Commission discovered that the well completion report mustbe filed before production levels can be determined and that theprovision should havereferencedthe report offirst production. Therefore, the Commission has revised Section I1.D.1.11l. to clarify and effectuate the intent ofthe 1993 revisions.
The Commission also recognizes the definition ofcondensate that appears inthe Common Provisions Regulation does not include reference to an API gravity and therefore couldberead to include crude oil. 

### Itis the Commission's intent that for the purposes ofthese exemptions, as well as APENreporting, condensate should onlyinclude hydrocarbon liquids that fit within the Common Provisions definition and that have an API gravity of40 degrees orabove. The Commission anticipatesrevising the CommonProvisions definition to more clearlyreflect this intent the next time the CommonProvisions regulation is opened for revision.

Page 99

### n. APEN Catchall Changes to theAPENcatchall inPart Section n.D.4. and the constructionpermitcatchall in Part B, Section m.D.5., were significantlyreworked to add clarity. The priorversions were somewhat Wlclear astoboththe effect ofAPEN andpermitting exemptions on otherapplicable requirements and whenotherwise exempt sources would

### be required to file APENs. While the revisions minimallychange tqe substantive requirements ofthe two catchall provisions the new language isintended to more clearlyexpress these requirements. Thenew language clarifies that sources that are exempt from APEN and/or construction pertnittingrequirements are not, by virtue ofthat exemption, exempt 

### from any other applicable requirements. Thus, for example, a source that is exempt from APEN orpermitting requirements, must still complywith the Regulation No. I 20% opacity standard. Likewise, anAPEN exemptemission**poin~** 

### at a major source isexcused 

### from paying APEN fees but maystill need tobe listed as an insignificant activityundertherequirements ofthe TitleV program. Additionally, where the emissions from a particular emissionpointwould cause a source to avoid PSD, NSR-NAA orTitle V information regarding that emissionpoint cannot 

### be omitted from anypermit application, notwithstanding the fact that the emission point standing alone mightbe exempt from APEN orConstruction Permit requirements. 

### The commission also requires that ifthe potential to emit, taking into account full design rate and continuous operation, triggers PSD orNSRrequirements, the source must submit anAir Pollutant EmissionNotice and apply for the appropriate permit, ormust apply for a 

### permit to limit the physical oroperational capacityofthe source such that the source is notconsidered to be a major source as defined in Section lB.59 ofPart A ofthis regulation. This language previously appeared inthe catchalls, butwasrelocated to this statement ofbasis. Finally, therevised catchall provisions subject certain emission points and sources to APEN and Construction Permitrequirements notwithstandingthe fact that such points and sources would otherwise 

### be exempt. Sources specifically identified 

### inthe applicability section ofany subpart of Part A ofRegulation No.6 (New Source Performance Standards), OR

### RegulationNo.8 (Hazardous AirPollutants), Parts**~C,D,** 

### and E. This provision allows the Divisionto keeptrack ofthese points and sources, and ensure that the requirements ofthese programs are being properlyfollowed. 

### Itmust

### be noted, however, that wet screening operations subject to the exemption set forth at Part Sectionn.D.I.cccc mayclaim exemptions notwithstanding the fact that such sources are subject toNew Source Performance Standard 000.

Page 100

# OPINION OF THE ATTORNEY GENERAL. STAn: SERVlCES BUILDING 

## STATE OF COLORADO 1525 ShermanStreet

- 5thFloor 

# '-'SALA7AK Attorney 6eneral DenVer 

### Colorado 80203 

### DEPARTMENT OFLAW CBRISTJNE M.A1tGllEUO Phone**303)8~SOO** CbiefDeputyAttorney General 

### FAX 

# f 303) 866-5691 OFFICE OFTHE ATTORNEY GENERAL ALAN J. GILBERT

. SolicitorGeneral 

### OPINION OF THE ATIORNEY GENERAL RENDERED IN CONNECfIONWITH THE RULES ADOPTED BY COLORADO AIR 

### QUALITY CONTROL COMMISSION ON ocrOBER 17,2002 CONCERNING REGULATION NO.3

­ AIR

### CONTAMINANT EMISSIONS NOTICES [5 C.C.R. 1001-5] The.above-referenced rules were submitted to this office on October 17,2002, as requiredby 

### § 24-4-103, C.R.S. (2002). This officehas reviewed them and finds no apparent constitutional or legal deficiency 

### in their form or substance.

(.; DATE:

# Z'f~ 2LnJ L­

# STATE OF COLORADO

Bill<>weas, Governor DoqIas H. Bcaevento, Executive Director COLORADOAQt QUALITYCONTROLCOMMISSION**iIIfp1Iwww~** state co as 4300 QenyCR:ck Drive South OED-OLRA-AS Deaver, Coloraclo 80246-1530 fboae (303) 692·3100 ColoradoDepartmeat Fu (303) 691·1102 of P.blic He.w. TOO (303) 691·7700 adEaviroalDeat

NOTICE OFFINAL ADOPTION 

### PURSUANT to the provisions ofsections 25-7-105(1), 105.1(4), and 133.5(4), C.R.S. (1999) of the Colorado Pollution Prevention and Control Act. NOTICE IS HEREBY GIVEN that after a public rulemaking hearing October 17,2002, and in compliance with the requirements ofsections 25-7-105(1), 105.1(4), and 133.5(4), C.R.S. (1999), the Colorado Air 

### Quality Control Commission made revisions to: Regulation No.3

- «Air

### Pollution Emission Notice Exemptions" The Commission adopted revisions to Regulation No.3 requirements for crude oil storage tank APEN exemptions, condensate storage tank 

### APEN exemptions, and crude oil and condensate truck loading operations. The Commission also adopted revisions to modify' the language ofthe regulation at Part A, 

### Section 11.0.4, regarding the exemption from the ability ofa source to take advantage oflisted APEN exemptions. This 

### action was submitted to 

### the SecretaryofState's Office within 20 days after adoption for publication inthe Colorado Register, pursuant to 24-4-103(5) and (11)(d), C.R.S., and will become effective December 

### 30,2002. Additionally, pursuant to 24-4-103(8)(d), C.R.S., within 20 days 

### after the date ofthe Attorney General's Opinion, this action will be 

### submitted to the Office ofLegislative Legal Services for review. Dated this 17th day ofOctober, 2002 atDenver, Colorado.
COLORADO 

### AIR QUALITY CONTROL COM:MISSION

,"